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Environmental Protection Act, R.S.O. 1990, c. E.19

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Versions
Regulations under this Act
Revoked/spent regulations under this Act
O. Reg. 1/17 REGISTRATIONS UNDER PART II.2 OF THE ACT - ACTIVITIES REQUIRING ASSESSMENT OF AIR EMISSIONS
O. Reg. 85/16 REGISTRATIONS UNDER PART II.2 OF THE ACT - END-OF-LIFE VEHICLES
O. Reg. 63/16 REGISTRATIONS UNDER PART II.2 OF THE ACT - WATER TAKING
O. Reg. 79/15 ALTERNATIVE LOW-CARBON FUELS
O. Reg. 97/14 GREENER DIESEL - RENEWABLE FUEL CONTENT REQUIREMENTS FOR PETROLEUM DIESEL FUEL
O. Reg. 60/14 EXPERIMENTAL LAKES AREA
O. Reg. 351/12 REGISTRATIONS UNDER PART II.2 OF THE ACT - WASTE MANAGEMENT SYSTEMS
O. Reg. 350/12 REGISTRATIONS UNDER PART II.2 OF THE ACT - SOLAR FACILITIES
O. Reg. 349/12 REGISTRATIONS UNDER PART II.2 OF THE ACT - PRINTING
O. Reg. 347/12 REGISTRATIONS UNDER PART II.2 OF THE ACT - AUTOMOTIVE REFINISHING
O. Reg. 298/12 COLLECTION OF PHARMACEUTICALS AND SHARPS - RESPONSIBILITIES OF PRODUCERS
O. Reg. 98/12 GROUND SOURCE HEAT PUMPS
O. Reg. 255/11 APPLICATIONS FOR ENVIRONMENTAL COMPLIANCE APPROVALS
O. Reg. 245/11 REGISTRATIONS UNDER PART II.2 OF THE ACT - GENERAL
O. Reg. 463/10 OZONE DEPLETING SUBSTANCES AND OTHER HALOCARBONS
O. Reg. 452/09 GREENHOUSE GAS EMISSIONS REPORTING
O. Reg. 359/09 RENEWABLE ENERGY APPROVALS UNDER PART V.0.1 OF THE ACT
O. Reg. 496/07 CESSATION OF COAL USE - ATIKOKAN, LAMBTON, NANTICOKE AND THUNDER BAY GENERATING STATIONS
O. Reg. 227/07 SERVICE OF DOCUMENTS
O. Reg. 224/07 SPILL PREVENTION AND CONTINGENCY PLANS
O. Reg. 222/07 ENVIRONMENTAL PENALTIES
O. Reg. 17/07 TRANSFER OF CONTAINERS TO BREWERS RETAIL INC. AND OTHERS
O. Reg. 254/06 PLASCO DEMONSTRATION PROJECT
O. Reg. 535/05 ETHANOL IN GASOLINE
O. Reg. 419/05 AIR POLLUTION - LOCAL AIR QUALITY
O. Reg. 194/05 INDUSTRY EMISSIONS - NITROGEN OXIDES AND SULPHUR DIOXIDE
O. Reg. 153/04 RECORDS OF SITE CONDITION - PART XV.1 OF THE ACT
O. Reg. 298/02 MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY AND FIDUCIARIES - PART XV.2 OF THE ACT
O. Reg. 397/01 EMISSIONS TRADING
O. Reg. 127/01 AIRBORNE CONTAMINANT DISCHARGE MONITORING AND REPORTING
O. Reg. 675/98 CLASSIFICATION AND EXEMPTION OF SPILLS AND REPORTING OF DISCHARGES
O. Reg. 577/98 EXEMPTION - DELORO MINE SITE
O. Reg. 524/98 ENVIRONMENTAL COMPLIANCE APPROVALS - EXEMPTIONS FROM SECTION 9 OF THE ACT
O. Reg. 361/98 MOTOR VEHICLES
O. Reg. 232/98 LANDFILLING SITES
O. Reg. 156/98 TRANSITIONAL PROVISIONS RELATING TO THE REPEAL OF PART VIII OF THE ACT
O. Reg. 206/97 WASTE DISPOSAL SITES, WASTE MANAGEMENT SYSTEMS AND SEWAGE WORKS SUBJECT TO APPROVAL UNDER OR EXEMPT FROM THE ENVIRONMENTAL ASSESSMENT ACT
O. Reg. 43/97 EXEMPTION - GENERAL ELECTRIC CANADA INC. AND ELI ECO LOGIC INTERNATIONAL INC.
O. Reg. 504/95 EXEMPTION - PROSPECTORS
O. Reg. 215/95 EFFLUENT MONITORING AND EFFLUENT LIMITS - ELECTRIC POWER GENERATION SECTOR
O. Reg. 214/95 EFFLUENT MONITORING AND EFFLUENT LIMITS - IRON AND STEEL MANUFACTURING SECTOR
O. Reg. 64/95 EFFLUENT MONITORING AND EFFLUENT LIMITS - INORGANIC CHEMICAL SECTOR
O. Reg. 63/95 EFFLUENT MONITORING AND EFFLUENT LIMITS - ORGANIC CHEMICAL MANUFACTURING SECTOR
O. Reg. 562/94 EFFLUENT MONITORING AND EFFLUENT LIMITS - METAL CASTING SECTOR
O. Reg. 561/94 EFFLUENT MONITORING AND EFFLUENT LIMITS - INDUSTRIAL MINERALS SECTOR
O. Reg. 560/94 EFFLUENT MONITORING AND EFFLUENT LIMITS - METAL MINING SECTOR
O. Reg. 455/94 RECOVERY OF GASOLINE VAPOUR IN BULK TRANSFERS
O. Reg. 323/94 DRY CLEANERS
O. Reg. 104/94 PACKAGING AUDITS AND PACKAGING REDUCTION WORK PLANS
O. Reg. 103/94 INDUSTRIAL, COMMERCIAL AND INSTITUTIONAL SOURCE SEPARATION PROGRAMS
O. Reg. 102/94 WASTE AUDITS AND WASTE REDUCTION WORK PLANS
O. Reg. 101/94 RECYCLING AND COMPOSTING OF MUNICIPAL WASTE
O. Reg. 760/93 EFFLUENT MONITORING AND EFFLUENT LIMITS - PULP AND PAPER SECTOR
O. Reg. 537/93 EFFLUENT MONITORING AND EFFLUENT LIMITS - PETROLEUM SECTOR
O. Reg. 271/91 GASOLINE VOLATILITY
R.R.O. 1990, Reg. 362 WASTE MANAGEMENT - PCB'S
R.R.O. 1990, Reg. 361 SULPHUR CONTENT OF FUELS
R.R.O. 1990, Reg. 360 SPILLS
R.R.O. 1990, Reg. 357 REFILLABLE CONTAINERS FOR CARBONATED SOFT DRINK
R.R.O. 1990, Reg. 352 MOBILE PCB DESTRUCTION FACILITIES
R.R.O. 1990, Reg. 351 MARINAS
R.R.O. 1990, Reg. 350 LAMBTON INDUSTRY METEOROLOGICAL ALERT
R.R.O. 1990, Reg. 349 HOT MIX ASPHALT FACILITIES
R.R.O. 1990, Reg. 347 GENERAL - WASTE MANAGEMENT
R.R.O. 1990, Reg. 345 DISPOSABLE PAPER CONTAINERS FOR MILK
R.R.O. 1990, Reg. 344 DISPOSABLE CONTAINERS FOR MILK
R.R.O. 1990, Reg. 343 DISCHARGE OF SEWAGE FROM PLEASURE BOATS
R.R.O. 1990, Reg. 342 DESIGNATION OF WASTE
R.R.O. 1990, Reg. 341 DEEP WELL DISPOSAL
R.R.O. 1990, Reg. 340 CONTAINERS
R.R.O. 1990, Reg. 339 CLASSES OF CONTAMINANTS - EXEMPTIONS
R.R.O. 1990, Reg. 338 BOILERS

Environmental Protection Act

R.S.O. 1990, CHAPTER E.19

Historical version for the period October 1, 2004 to November 29, 2004.

Amended by: 1992, c. 1, ss. 22-35; 1993, c. 27, Sched.; 1994, c. 5; 1994, c. 23, s. 66; 1994, c. 27, s. 115; 1997, c. 6, s. 3; 1997, c. 7, ss. 1-5; 1997, c. 19, s. 34; 1997, c. 30, Sched. B, ss. 21-23; 1997, c. 37, s. 2; 1998, c. 15, Sched. E, s. 10; 1998, c. 35, ss. 1-43; 2000, c. 22, s. 1; 2000, c. 26, Sched. E, s. 3; 2000, c. 26, Sched. F, s. 12; 2001, c. 9, Sched. G, s. 5; 2001, c. 17, s. 2; 2001, c. 25, s. 484 (2); 2002, c. 4, s. 62; 2002, c. 17, Sched. C, s. 11; 2002, c. 17, Sched. F, Table; 2002, c. 24, Sched. B, ss. 25, 35; 2004, c. 6, s. 7.

CONTENTS

1.

Interpretation

2.

Secondary discharge within building

PART I
ADMINISTRATION

3.

Purpose of Act

4.

Powers and duties of Minister

5.

Appointments

PART II
GENERAL PROVISIONS

6.

Prohibition, contamination generally

7.

Control orders

8.

Stop orders

9.

Approval of Director, plant or production process

10.

Program for dealing with contamination

11.

Program approvals

12.

Program approvals, order not to prevent control or stop order

13.

Ministry to be notified when contamination exceeds permitted level

14.

Prohibition, contamination causing adverse effect

15.

When Ministry to be notified, adverse effect

16.

Application of Part not restricted

17.

Remedial orders

18.

Order by Director re preventive measures

19.

Instruments under Act, who is bound

20.

Crown bound

PART III
MOTORS AND MOTOR VEHICLES

21.

Definitions, Part III

22.

Motors and motor vehicles, environmental controls

23.

Operation of motor or motor vehicle

PART IV
WATER

24.

Ice shelters

PART V
WASTE MANAGEMENT

25.

Definitions, Part V

26.

Application of Part, domestic waste

27.

Certificates of approval

28.

Transition, repeal of Part VIII

29.

Report by Minister

30.

When Tribunal hearing required

31.

Where emergency situation exists

32.

When Tribunal hearing discretionary

33.

Hearing before Tribunal

34.

Appeal from decision of Tribunal

35.

Condition precedent to issue of certificate

36.

Hearing as to by-law

37.

Return of deposit

38.

Information to be furnished

39.

Powers of Director, certificates of approval

40.

Prohibition as to deposit of waste

41.

Prohibition as to use of facilities, etc.

42.

Ownership of waste

43.

Order for removal of waste

44.

Order by Director

45.

Right to compensation

46.

Former disposal sites

47.

Security Fund

PART V.1
VEHICLE PERMITS AND NUMBER PLATES

48.

Seizure of permits and number plates

49.

Suspension of permit and detention of number plates

50.

Order to detain permit and number plates pending payment of penalty

51.

Appeal, order under ss. 49 and 50

52.

Return of permit and number plates

53.

Prohibition, applications for permits and number plates

54.

Transmittal of copy of order

55.

Substituted service

PART VI
OZONE DEPLETING SUBSTANCES

56.

Definitions, Part VI

57.

Application

58.

Prohibition, ozone depleting substances

59.

Prohibition, manufacture using ozone depleting substances

PART VII
ABANDONED MOTOR VEHICLES

60.

Definitions, Part VII

61.

Removal of abandoned motor vehicle

62.

Notice to owner, removal

63.

Contents of notice

64.

Where owner may retake possession

65.

Disposal of vehicle

66.

Ownership of vehicle

67.

Compensation, disposal of vehicles

68.

Claim for compensation

69.

Director’s certificate, compensation

70.

When certificate final

71.

Appeal, certificate of compensation

72.

Payment of compensation

73.

Reimbursement of compensation payment

PART IX
LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS THAT POSE WASTE MANAGEMENT PROBLEMS

84.

Meaning of “litter”, Part IX

85.

Research and studies, litter, packaging, etc.

86.

Littering prohibited

87.

Subsidies and grants

88.

Prohibition, use or sale of packaging, etc.

89.

Offence, litter

90.

Offence, packaging, etc.

PART X
SPILLS

91.

Interpretation and application, Part X

92.

Notice of spills

93.

Duty to mitigate and restore

94.

Directions by Minister, spills

95.

Entry and removal

96.

Disposal of pollutant, etc.

97.

Orders by Minister, spills

98.

Effect of compliance with duty, or order, etc.

99.

Compensation, spills

100.

Action by municipality or designated persons, spills

101.

Right to compensation from Crown

102.

Definitions

102.

Transfer of rights

103.

Corporation to authorize payment

103.

Right of action preserved

104.

Failure to comply with condition precedent

104.

Testimony

105.

Matters to be considered by corporation

105.

Corporation dissolved

106.

Proposal re payment of compensation

107.

Procedure

108.

Rights of applicant

109.

Payment by Treasurer of Ontario

110.

Recovery by corporation

111.

Environmental Compensation Corporation

112.

Management

113.

Powers

114.

Remuneration of directors

115.

Agency

116.

Technical assistance

117.

Inspectors

118.

Matters confidential

119.

Application of s. 180

120.

Audit

121.

Annual report

122.

Right of recourse

123.

Limitation of farmers’ liability

PART XI
CONTROL ORDERS AND STOP ORDERS

124.

Control orders

125.

Compliance with control order

126.

Further order

127.

Where Director proposes to issue control order

128.

Content of stop order

129.

Form of stop order

130.

Stop orders, compliance and revocation

PART XII
FINANCIAL ASSURANCE

131.

Definitions, Part XII

132.

Financial assurance

133.

Failure to provide financial assurance

134.

Return or release of financial assurance

135.

Continuation of financial assurance

136.

Order for use of financial assurance

PART XIII
APPEALS TO TRIBUNAL

138.

Notice to municipalities, certain orders and decisions

139.

Notice of decisions, general

140.

Appeal of order

141.

Extension of time for requiring hearing

142.

Contents of notice requiring hearing

143.

No automatic stay on appeal

144.

Tribunal powers and appeals from Tribunal decisions

145.

Parties to hearing

PART XIV
WORK DONE BY MINISTRY

146.

Minister may cause things to be done

147.

Director may cause things to be done

148.

Person liable unknown: Director may cause things to be done

148.1

Parts XV.1 and XV.2: Director may cause things to be done

149.

Powers of entry for ss. 146 to 148.1

150.

Order to pay

151.

Costs specified in order to pay may be increased by Tribunal

152.

What Tribunal may consider at hearing on subs. 150 (1) order to pay

153.

Order to pay may be enforced as judgment of the Superior Court of Justice

154.

Collection of costs as tax lien

155.

Costs may be recovered from deposit or financial assurance

PART XV
PROVINCIAL OFFICERS

156.

Inspection by provincial officer

156.1

Power to inspect vehicle or vessel

156.2

Power to administer other Acts

156.3

Identification

156.4

Entry, etc., may be prohibited

156.5

Order of justice prohibiting entry

156.6

Securing of place, thing

157.

Order by provincial officer: contraventions

157.1

Order by provincial officer re preventive measures

157.2

Amendment or revocation of orders under ss. 157 and 157.1

157.3

Request for review, orders under ss. 157 to 157.2

158.

Entry or inspection order

159.

Samples and copies

160.

Seizure during inspection

161.

Warrantless search, exigent circumstances

161.1

Detention or removal, things seized

162.

Report to justice, things seized

162.1

Disposition of things seized

162.2

Notice of disposal of things seized

162.3

Forfeiture may be ordered

163.

Use of force

163.1

Order by justice, use of devices, etc.

164.

Restoration of property

165.

Licence, etc., condition, permission to inspect

165.1

Records

166.

Police assistance and motor vehicle inspections

168.

Matters confidential

PART XV.1
RECORDS OF SITE CONDITION

168.1

Definitions, Part XV.I

168.2

Interpretation, effect on cause of action

168.3

Environmental Site Registry

168.3.1

Prohibition on certain changes of use

168.4

Filing record of site condition

168.5

Director’s response to risk assessment

168.6

Certificate of property use

168.7

Consequences of filing record of site condition

168.8

Emergencies relating to old contaminants

168.9

Delegation agreement

PART XV.2
SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS

Interpretation

168.10

Definitions, Part XV.2

168.11

Interpretation, effect on cause of action

Municipalities

168.12

Actions taken by municipalities

168.13

Ownership under Part XI of Municipal Act, 2001

168.14

Exceptional circumstances, municipalities

168.15

Notice of prescribed circumstances, municipalities

168.16

Reports of investigations of contaminants, municipalities

Secured Creditors, Receivers and Trustees in Bankruptcy

168.17

Actions taken by secured creditors

168.18

Secured creditor becoming owner by foreclosure

168.19

Receivers and trustees in bankruptcy

168.20

Exceptional circumstances, secured creditors, receivers and trustees in bankruptcy

168.21

Notice of prescribed circumstances, secured creditors, receivers and trustees in bankruptcy

168.22

Reports of investigations of contaminants, secured creditors, etc.

Fiduciaries

168.23

Obligations of fiduciaries

168.24

Notice of prescribed circumstances, fiduciaries

168.25

Reports of investigations of contaminants, fiduciaries

Investigations of Property

168.26

Investigations of property

PART XVI
ENVIRONMENTAL COUNCIL

169.

Meaning of “Council”, Part XVI

170.

Environmental Council established

171.

Duties of Council

PART XVII
MISCELLANEOUS

172.

Where contaminant causes damage to crops or livestock

173.

Agreement by municipality

174.

Unjust dismissal, compliance with Act, etc.

174.1

Electronic signature

175.

Evidence of documents

175.1

Regulations, general

176.

Regulations, additional

176.1

Regulations, market-based approaches, etc.

177.

Regulations, general rules

177.1

Bar of action

179.

Conflict with other legislation

179.1

Fees

180.

Protection from personal liability, Ministry employees, etc.

181.

Service on commercial drivers of offence notice or summons

181.1

Service on various entities of offence notice or summons

182.

Service generally

182.1

Administrative penalties

183.

Power to restrain

184.

Compliance with investigations, etc.

185.

Presiding judge

186.

Offences

187.

Penalties

188.

Subsequent conviction

189.

Penalty re monetary benefit

190.

Order to prevent damage, etc.

190.1

Restitution orders

190.2

Forfeiture on conviction

190.3

Where fine not paid

190.4

Costs of seizure, etc.

191.

Suspension for default in payment of fine

192.

Act of officer, etc.

194.

Duty of director or officer

195.

Limitation on proceedings

196.

Orders, consequential authority

196.1

Administrative changes to certificates of approval, etc.

197.

Disclosure of orders and decisions

Interpretation

1. (1) In this Act,

“adverse effect” means one or more of,

(a) impairment of the quality of the natural environment for any use that can be made of it,

(b) injury or damage to property or to plant or animal life,

(c) harm or material discomfort to any person,

(d) an adverse effect on the health of any person,

(e) impairment of the safety of any person,

(f) rendering any property or plant or animal life unfit for human use,

(g) loss of enjoyment of normal use of property, and

(h) interference with the normal conduct of business; (“conséquence préjudiciable”)

“air” means open air not enclosed in a building, structure, machine, chimney, stack or flue; (“air”)

“analyst” means an analyst appointed under this Act; (“analyste”)

“certificate of property use” means a certificate of property use issued under section 168.6; (“certificat d’usage d’un bien”)

“certification date” means, in respect of a record of site condition, a date determined in accordance with the regulations that is not later than the date the record of site condition is filed in the Environmental Site Registry; (“date d’attestation”)

“contaminant” means any solid, liquid, gas, odour, heat, sound, vibration, radiation or combination of any of them resulting directly or indirectly from human activities that may cause an adverse effect; (“contaminant”)

“discharge”, when used as a verb, includes add, deposit, leak or emit and, when used as a noun, includes addition, deposit, emission or leak; (“rejet”, “rejeter”)

“document” includes a sound recording, videotape, film, photograph, chart, graph, map, plan, survey, book of account and information recorded or stored by means of any device; (“document”)

“fiduciary” means an executor, administrator, administrator with the will annexed, trustee, guardian of property or attorney for property, but does not include a trustee in bankruptcy or trustee in bankruptcy representative; (“représentant fiduciaire”)

“fiduciary representative” means, with respect to a fiduciary, an officer, director, employee or agent of the fiduciary, or a lawyer, consultant or other advisor of the fiduciary who is acting on behalf of the fiduciary; (“représentant d’un représentant fiduciaire”)

“inspection” includes an audit, examination, survey, test and inquiry; (“inspection”)

“justice” means a provincial judge or a justice of the peace; (“juge”)

“land” means surface land not enclosed in a building, land covered by water and all subsoil, or any combination or part thereof; (“terrain”)

“Minister” means the Minister of the Environment; (“ministre”)

“Ministry” means the Ministry of the Environment; (“ministère”)

“municipal representative” means, with respect to a municipality, an officer, employee or agent of the municipality, or a lawyer, consultant or other advisor of the municipality who is acting on behalf of the municipality; (“représentant municipal”)

“municipality” includes a local board, as defined in the Municipal Affairs Act, and a board, commission or other local authority exercising any power with respect to municipal affairs or purposes, including school purposes, in an unorganized township or unsurveyed territory; (“municipalité”)

“natural environment” means the air, land and water, or any combination or part thereof, of the Province of Ontario; (“environnement naturel”)

“person” includes a municipality as defined in this subsection; (“personne”)

“person responsible” means the owner, or the person in occupation or having the charge, management or control of a source of contaminant; (“personne responsable”)

“place” includes a building, structure, machine, vehicle or vessel; (“lieu”)

“provincial officer” means a person who is designated by the Minister as a provincial officer for the purposes of this Act and the regulations; (“agent provincial”)

“receiver” means a person who has been appointed to take or who has taken possession or control of property pursuant to a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege or pursuant to an order of a court, and includes a receiver-manager and an interim receiver; (“séquestre”)

“receiver representative” means, with respect to a receiver, an officer, director, employee or agent of the receiver, or a lawyer, consultant or other advisor of the receiver who is acting on behalf of the receiver; (“représentant d’un séquestre”)

“regulations” means the regulations made under this Act; (“règlements”)

“secured creditor” means a person who holds a mortgage, hypothec, pledge, charge, lien, security interest, encumbrance or privilege on or against property, but does not include a person who has taken possession or control of the property; (“créancier garanti”)

“secured creditor representative” means, with respect to a secured creditor, an officer, director, employee or agent of the secured creditor, or a lawyer, consultant or other advisor of the secured creditor who is acting on behalf of the secured creditor; (“représentant d’un créancier garanti”)

“source of contaminant” means anything that discharges into the natural environment any contaminant; (“source de contamination”)

“Tribunal” means the Environmental Review Tribunal; (“Tribunal”)

“trustee in bankruptcy representative” means, with respect to a trustee in bankruptcy, an officer, director, employee or agent of the trustee in bankruptcy, or a lawyer, consultant or other advisor of the trustee in bankruptcy who is acting on behalf of the trustee in bankruptcy; (“représentant d’un syndic de faillite”)

“water” means surface water and ground water, or either of them. (“eau”) R.S.O. 1990, c. E.19, s. 1 (1); 1992, c. 1, s. 22; 1998, c. 35, s. 1; 2000, c. 26, Sched. F, s. 12 (1-3); 2001, c. 9, Sched. G, s. 5 (1); 2001, c. 17, s. 2 (1); 2002, c. 17, Sched. F, Table.

Idem, Director

(2) In this Act,

“the Director” means a Director appointed under section 5. R.S.O. 1990, c. E.19, s. 1 (2).

Idem, penalties

(3) A municipality that is convicted of an offence under this Act is liable to the penalty provided for a corporation convicted of the offence. R.S.O. 1990, c. E.19, s. 1 (3).

Health or safety

(4) For the purposes of this Act, a danger to existing water supplies that are used for human consumption shall be deemed to be a danger to the health or safety of persons. 2001, c. 17, s. 2 (2).

Secondary discharge within building

2. A contaminant that is discharged into the air within a building or structure as a result of the discharge of the same or another contaminant in another building or structure shall be deemed to be discharged into the natural environment by the owner or the person who has the charge, management or control of the contaminant discharged in the other building or structure. R.S.O. 1990, c. E.19, s. 2.

PART I
ADMINISTRATION

Purpose of Act

3. (1) The purpose of this Act is to provide for the protection and conservation of the natural environment. R.S.O. 1990, c. E.19, s. 3.

Extra-provincial environment

(2) No action taken under this Act is invalid by reason only that the action was taken for the purpose of the protection, conservation or management of the environment outside Ontario’s borders.

Idem

(3) Subsection (2) applies even if the action was taken before the coming into force of that subsection. 1992, c. 1, s. 23.

Powers and duties of Minister

4. (1) The Minister, for the purposes of the administration and enforcement of this Act and the regulations, may,

(a) investigate problems of pollution, waste management, waste disposal, litter management and litter disposal;

(b) conduct research related to contaminants, pollution, waste management, waste disposal, litter management and litter disposal;

(c) conduct studies of the quality of the natural environment, meteorological studies, and monitoring programs;

(d) conduct studies of environmental planning designed to lead to the wise use of the natural environment;

(e) convene conferences and conduct seminars and educational and training programs relating to contaminants, pollution, waste and litter;

(f) gather, publish and disseminate information relating to contaminants, pollution, waste and litter;

(g) make grants and loans in such amounts and upon such terms as the Minister considers advisable for,

(i) research and training in relation to contaminants, pollution, waste, litter and the reduction of waste and the reuse and recycling of materials that are or could become waste,

(ii) planning, operating, developing, improving and enlarging waste management systems, waste disposal sites and programs to encourage the reduction of waste or the reuse or recycling of materials that are or could become waste, and

(iii) discontinuing waste management systems or reduction, reuse or recycling programs or closing waste disposal sites;

(h) establish and operate demonstration and experimental sewage systems under Part VIII, waste management systems, waste disposal sites and programs concerning the reduction of waste or the reuse or recycling of materials that are or could become waste;

(i) appoint committees to perform such advisory functions as the Minister considers advisable;

(j) with the approval of the Lieutenant Governor in Council, enter into an agreement with any government or person relating to the protection or conservation of the natural environment;

(k) establish and operate, use, alter, enlarge and extend waste management systems or waste disposal sites; and

(l) discontinue systems and close sites referred to in clause (k). R.S.O. 1990, c. E.19, s. 4; 1992, c. 1, s. 24 (1, 2).

Limitation

(2) A waste disposal site or waste management system shall not be established under clause (1) (k) in a municipality for any function relating to waste from a source within the municipality or to existing waste located within the municipality unless,

(a) the municipality does not have a waste disposal site or waste management system that is adequate and available to perform that function for the waste; or

(b) the municipality consents to the establishment of the site or system. 1992, c. 1, s. 24 (3).

Delegation

(3) The Minister may delegate any of his or her powers under subsection (1) to the Director. 1992, c. 1, s. 24 (4).

Appointments

Directors

5. (1) The Minister may appoint in writing as Directors,

(a) such employees of the Ministry;

(b) the members of such classes of employees of the Ministry; and

(c) subject to the approval of the Lieutenant Governor in Council, such other persons or the members of such other classes of persons,

or any of them, as the Minister considers necessary in respect of such sections of this Act and in respect of such of the regulations or sections of the regulations as are set out in the appointments.

Analysts and provincial officers

(2) The Minister may in writing appoint as analysts or designate as provincial officers,

(a) such employees of the Ministry;

(b) the members of such classes of employees of the Ministry;

(c) such other persons; and

(d) the members of such classes of other persons,

or any of them, as the Minister considers necessary in respect of such sections of any Act administered by the Minister and in respect of such of the regulations or sections of the regulations under such Act as are set out in the appointments or designations.

Limitation of authority

(3) The Minister, in an appointment or designation under subsection (1) or (2), may limit the authority of a Director, analyst or provincial officer in such manner as the Minister considers necessary or advisable. R.S.O. 1990, c. E.19, s. 5.

Provincial officers

(4) A provincial officer is a peace officer for the purpose of enforcing this Act.

Investigation and prosecution

(5) A provincial officer may investigate offences under this Act and may prosecute any person whom the provincial officer reasonably believes is guilty of an offence under this Act. 1998, c. 35, s. 2.

PART II
GENERAL PROVISIONS

Prohibition, contamination generally

6. (1) No person shall discharge into the natural environment any contaminant, and no person responsible for a source of contaminant shall permit the discharge into the natural environment of any contaminant from the source of contaminant, in an amount, concentration or level in excess of that prescribed by the regulations. R.S.O. 1990, c. E.19, s. 6 (1).

Exception

(2) Subsection (1) does not apply to animal wastes disposed of in accordance with both normal farming practices and the regulations made under the Nutrient Management Act, 2002. 2002, c. 4, s. 62 (1).

Control orders

7. (1) When the report of a provincial officer contains a finding that a contaminant discharged into the natural environment is a contaminant the use of which is prohibited by the regulations or is being discharged in contravention of section 14 or the regulations, the Director may issue a control order directed to,

(a) an owner or previous owner of the source of contaminant;

(b) a person who is or was in occupation of the source of contaminant; or

(c) a person who has or had the charge, management or control of the source of contaminant.

Public notice

(2) The Director shall give notice of the control order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. E.19, s. 7.

Stop orders

8. (1) When the Director, upon reasonable and probable grounds, is of the opinion that a source of contaminant is discharging into the natural environment any contaminant that constitutes, or the amount, concentration or level of which constitutes, an immediate danger to human life, the health of any persons, or to property, the Director may issue a stop order directed to,

(a) an owner or previous owner of the source of contaminant;

(b) a person who is or was in occupation of the source of contaminant; or

(c) a person who has or had the charge, management or control of the source of contaminant.

Public notice

(2) The Director shall give notice of the stop order to every municipality in which the contaminant is discharged and to the public in such manner as the Director considers appropriate. R.S.O. 1990, c. E.19, s. 8.

Approval of Director, plant or production process

9. (1) No person shall, except under and in accordance with a certificate of approval issued by the Director,

(a) construct, alter, extend or replace any plant, structure, equipment, apparatus, mechanism or thing that may discharge or from which may be discharged a contaminant into any part of the natural environment other than water; or

(b) alter a process or rate of production with the result that a contaminant may be discharged into any part of the natural environment other than water or the rate or manner of discharge of a contaminant into any part of the natural environment other than water may be altered. R.S.O. 1990, c. E.19, s. 9 (1).

Director may require information

(2) The Director may require an applicant for a certificate of approval under subsection (1) to submit any plans, specifications and other information and to carry out and report on any tests or experiments relating to the plant, structure, equipment, apparatus, mechanism or thing or to the methods and devices to be employed to control or prevent the discharge of any contaminant into any part of the natural environment other than water and, subject to subsection (4), the Director may issue a certificate of approval. R.S.O. 1990, c. E.19, s. 9 (2).

Exceptions

(3) Subsection (1) does not apply to,

(a) routine maintenance carried out on any plant, structure, equipment, apparatus, mechanism or thing;

(b) equipment for the combustion of fuel, other than waste incinerators, in buildings or structures designed for the housing of not more than three families;

(c) any equipment, apparatus, mechanism or thing in or used in connection with a building or structure designed for the housing of not more than three families where the only contaminant produced by such equipment, apparatus, mechanism or thing is sound or vibration;

(d) any plant, structure, equipment, apparatus, mechanism or thing that may be a source of contaminant of a class exempted therefrom by the regulations;

(e) any plant, structure, equipment, apparatus, mechanism or thing used in agriculture;

(f) any motor or motor vehicle that is subject to Part III. R.S.O. 1990, c. E.19, s. 9 (3).

Powers of Director

(4) The Director may refuse to issue a certificate of approval or may issue a certificate of approval on such terms and conditions as the Director considers necessary,

(a) to ensure that any construction, alteration, extension, replacement, use or operation of a plant, structure, equipment, apparatus, mechanism or thing referred to in clause (1) (a) or that any alteration of a process or rate of production referred to in clause (1) (b) will result in compliance with this Act and the regulations and any order, approval or certificate of property use hereunder; or

(b) on probable grounds, to prevent or alleviate an adverse effect. R.S.O. 1990, c. E.19, s. 9 (4); 2001, c. 17, s. 2 (3).

Idem

(5) The Director may,

(a) alter any terms and conditions in a certificate of approval or impose new terms and conditions; or

(b) revoke or suspend a certificate of approval,

as the Director considers necessary for the reasons set out in clause (4) (a) or (b). R.S.O. 1990, c. E.19, s. 9 (5).

Exception

(6) A person to whom the Director has issued a certificate of approval under subsection (1) may make any changes in respect of which it is impractical to first obtain an amendment to the certificate if,

(a) the changes are not capable of increasing the potential for discharge of a contaminant into the natural environment; and

(b) the Director is notified in writing forthwith of the changes. R.S.O. 1990, c. E.19, s. 9 (6).

No use or operation without certificate of approval

(7) No person shall use or operate a plant, structure, equipment, apparatus, mechanism or thing for which a certificate of approval is required under clause (1) (a) unless the required certificate of approval has been issued and complied with. R.S.O. 1990, c. E.19, s. 9 (7).

Program for dealing with contamination

10. (1) A person responsible for a source of contaminant may submit to the Director a program to prevent or to reduce and control the discharge into the natural environment of any contaminant from the source of contaminant.

Referral of program

(2) When a program referred to in subsection (1) is submitted to the Director, the Director may, with the consent of the Minister, refer the program to the Environmental Council for its consideration and advice.

Approval of program

(3) The Director may issue a program approval, directed to the person who submitted the program. R.S.O. 1990, c. E.19, s. 10.

Program approvals

11. (1) The Director shall, in a program approval,

(a) set out the name of the person to whom the approval is directed;

(b) set out the location and nature of the source of contaminant;

(c) set out the details of the program; and

(d) approve the program.

Amendment or revocation

(2) The Director may, by order, amend or revoke a program approval that was issued in error or that no longer adequately provides for the protection and conservation of the natural environment.

Amendment or revocation on consent

(3) The Director may, by order, amend or revoke a program approval with the consent of the person to whom the program approval is directed.

No hearing for amendment or revocation on consent

(4) Subsection 140 (1) does not entitle any person to a hearing in respect of an amendment or revocation of a program approval in accordance with a consent mentioned in subsection (3). R.S.O. 1990, c. E.19, s. 11.

Program approvals, order not to prevent control or stop order

12. Despite the issue of a program approval or order, when the Director is of the opinion, based upon reasonable and probable grounds, that it is necessary or advisable for the protection or conservation of the natural environment, the prevention or control of an immediate danger to human life, the health of any persons or to property, the Director may issue a stop order or a control order directed to the person responsible. R.S.O. 1990, c. E.19, s. 12.

Ministry to be notified when contamination exceeds permitted level

13. (1) Every person,

(a) who discharges into the natural environment; or

(b) who is the person responsible for a source of contaminant that discharges into the natural environment,

any contaminant in an amount, concentration or level in excess of that prescribed by the regulations shall forthwith notify the Ministry of the discharge.

Exception

(2) Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 13.

Prohibition, contamination causing adverse effect

14. (1) Despite any other provision of this Act or the regulations, no person shall discharge a contaminant or cause or permit the discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect.

Exception

(2) Subsection (1) does not apply, in respect of an adverse effect referred to in clause (a) of the definition of “adverse effect” in subsection 1 (1), to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 14.

When Ministry to be notified, adverse effect

15. (1) Every person who discharges a contaminant or causes or permits the discharge of a contaminant into the natural environment out of the normal course of events that causes or is likely to cause an adverse effect shall forthwith notify the Ministry.

Exception

(2) Subsection (1) does not apply to animal wastes disposed of in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 15.

Application of Part not restricted

16. Unless otherwise required by the context, the provisions of this Part also apply to the subject-matter of the individual Parts of this Act. R.S.O. 1990, c. E.19, s. 16.

Remedial orders

17. Where any person causes or permits the discharge of a contaminant into the natural environment, so that land, water, property, animal life, plant life, or human health or safety is injured, damaged or endangered, or is likely to be injured, damaged or endangered, the Director may order the person to,

(a) repair the injury or damage;

(b) prevent the injury or damage; or

(c) where the discharge has damaged or endangered or is likely to damage or endanger existing water supplies, provide alternate water supplies. R.S.O. 1990, c. E.19, s. 17.

Order by Director re preventive measures

18. (1) The Director, in the circumstances mentioned in subsection (2), by a written order may require a person who owns or owned or who has or had management or control of an undertaking or property to do any one or more of the following:

1. To have available at all times, or during such periods of time as are specified in the order, the equipment, material and personnel specified in the order at the locations specified in the order.

2. To obtain, construct and install or modify the devices, equipment and facilities specified in the order at the locations and in the manner specified in the order.

3. To implement procedures specified in the order.

4. To take all steps necessary so that procedures specified in the order will be implemented in the event that a contaminant is discharged into the natural environment from the undertaking or property.

5. To monitor and record the discharge into the natural environment of a contaminant specified in the order and to report thereon to the Director.

6. To study and to report to the Director upon,

i. measures to control the discharge into the natural environment of a contaminant specified in the order,

ii. the effects of the discharge into the natural environment of a contaminant specified in the order,

iii. the natural environment into which a contaminant specified in the order is likely to be discharged.

Grounds for order

(2) The Director may make an order under this section where the Director is of the opinion, upon reasonable and probable grounds,

(a) that the nature of the undertaking or of anything on or in the property is such that if a contaminant is discharged into the natural environment from the undertaking or from or on the property, the contaminant will result or is likely to result in an effect mentioned in the definition of “contaminant” in subsection 1 (1); and

(b) that the requirements specified in the order are necessary or advisable so as,

(i) to prevent or reduce the risk of the discharge of the contaminant into the natural environment from the undertaking or from or on the property, or

(ii) to prevent, decrease or eliminate an effect mentioned in the definition of “contaminant” in subsection 1 (1) that will result or that is likely to result from the discharge of the contaminant into the natural environment from the undertaking or from or on the property. R.S.O. 1990, c. E.19, s. 18.

Instruments under Act, who is bound

Successors and assigns

19. (1) A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act is binding on the executor, administrator, administrator with the will annexed, guardian of property or attorney for property of the person to whom it was directed, and on any other successor or assignee of the person to whom it was directed. 2001, c. 17, s. 2 (4).

Limitation

(2) If, pursuant to subsection (1), an order is binding on an executor, administrator, administrator with the will annexed, guardian of property or attorney for property, their obligation to incur costs to comply with the order is limited to the value of the assets they hold or administer, less their reasonable costs of holding or administering the assets. 2001, c. 17, s. 2 (4).

Receivers and trustees

(3) A certificate of property use or an order or approval of a court, the Minister, the Director or a provincial officer under this Act that relates to property is binding on a receiver or trustee that holds or administers the property. 2001, c. 17, s. 2 (4).

Limitation

(4) If, pursuant to subsection (3), an order is binding on a trustee, other than a trustee in bankruptcy, the trustee’s obligation to incur costs to comply with the order is limited to the value of the assets held or administered by the trustee, less the trustee’s reasonable costs of holding or administering the assets. 2001, c. 17, s. 2 (4).

Exception

(5) Subsection (3) does not apply to an order that relates to property held or administered by a receiver or trustee in bankruptcy if,

(a) within 10 days after taking or being appointed to take possession or control of the property, or within 10 days after the issuance of the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property. 2001, c. 17, s. 2 (4).

Extension of period

(6) The Director may extend the 10-day period for giving notice under clause (5) (a), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 2 (4).

Notice under subs. (5)

(7) Notice under clause (5) (a) or (b) must be given in the manner prescribed by the regulations. 2001, c. 17, s. 2 (4).

Holder

(8) For the purposes of this Act, a person who is bound by a certificate of property use or approval under this section shall be deemed to be the holder of the certificate or approval. 2001, c. 17, s. 2 (4).

Index record

(9) The Ministry shall maintain an alphabetical index record of the names of all persons to whom orders, approvals or certificates of property use are directed under this Act. 2001, c. 17, s. 2 (4).

Expiry of order, etc.

(10) When an order, approval or certificate of property use has expired or is revoked or set aside, the Ministry shall note that fact in the index record. 2001, c. 17, s. 2 (4).

Search of index record

(11) The Ministry shall, on the request of any person, make a search of the index record and inform the person making the request as to whether or not the name of a particular person appears in the index record and shall permit inspection of any order, approval or certificate of property use relating to that person. 2001, c. 17, s. 2 (4).

Crown bound

20. This Act is binding upon the Crown. R.S.O. 1990, c. E.19, s. 20.

PART III
MOTORS AND MOTOR VEHICLES

Definitions, Part III

21. In this Part,

“motor” means an internal combustion engine used in a vehicle; (“moteur”)

“motor vehicle” means a vehicle that uses or incorporates a motor as a source of power. (“véhicule automobile”) R.S.O. 1990, c. E.19, s. 21.

Motors and motor vehicles, environmental controls

Sale of motor vehicle that does not comply with regulations

22. (1) No person shall sell, or offer, expose or advertise for sale, a motor or motor vehicle that does not comply with the regulations.

Where system or device installed on motor vehicle

(2) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall sell, or offer, expose or advertise for sale, such motor or motor vehicle unless the motor or motor vehicle has such system or device so installed, attached or incorporated and such system or device, when the motor or motor vehicle is operating, complies with the regulations. R.S.O. 1990, c. E.19, s. 22 (1, 2).

Repair or replacement of system or device

(3) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle, a system or device to prevent or lessen the discharge of any contaminant, no person shall remove or cause or permit the removal of the system or device from the motor or motor vehicle, except as permitted by subsection (4).

Same

(4) A person may repair the system or device or replace the system or device by a system or device of the same type or of a type prescribed by the regulations. 1998, c. 35, s. 3.

Operation of motor or motor vehicle

23. (1) Except where necessary for test or repair purposes, no person shall operate or cause or permit the operation of a motor or motor vehicle or any class or type thereof that does not comply with the regulations.

Where system or device required

(2) Where a manufacturer installs on, attaches to or incorporates in any motor or motor vehicle a system or device to prevent or lessen the discharge of any contaminant, the owner of such motor or motor vehicle shall not operate or cause or permit the operation of such motor or motor vehicle nor shall any person knowingly operate or cause or permit its operation unless such motor or motor vehicle has installed on, attached to or incorporated in it such system or device, and such system or device operates in accordance with the regulations when the motor or motor vehicle is in operation. R.S.O. 1990, c. E.19, s. 23.

PART IV
WATER

Ice shelters

24. (1) In this section,

“ice shelter” means any structure that is located on or over ice over any water for more than one day and that is or may be used for shelter, privacy or the storage or sale of any thing; (“abri sur glace”)

“owner”, when used in relation to an ice shelter, includes a person who has the right to use or occupy the ice shelter; (“propriétaire”)

“waste” means human excrement or any refuse that is discharged or deposited in or from an ice shelter. (“déchets”) R.S.O. 1990, c. E.19, s. 24 (1).

Discharge of waste prohibited

(2) No person shall discharge or cause or permit the discharge of any waste on ice over any water except in accordance with the regulations. R.S.O. 1990, c. E.19, s. 24 (2).

Removal of ice shelter by provincial officer

(3) Except as provided in subsection (4), where an ice shelter is placed or allowed to remain on ice over any water in contravention of the regulations, a provincial officer may remove the ice shelter or cause it to be removed,

(a) where the provincial officer is able to determine the name and address of the owner, after service of notice upon the owner at least seven days before the date of the removal; or

(b) where the provincial officer is unable to determine the name and address of the owner, forthwith. R.S.O. 1990, c. E.19, s. 24 (3).

Idem, out of season

(4) Where an ice shelter is placed or allowed to remain on ice over any water beyond the dates prescribed by the regulations within which ice shelters may be placed, allowed to remain or used on or over ice over any water, a provincial officer may remove the ice shelter or cause it to be removed without serving prior notice upon the owner, but where the provincial officer is able to determine the name and address of the owner, notice of the removal shall be served upon the owner forthwith after the removal. R.S.O. 1990, c. E.19, s. 24 (4).

Where owner may retake possession of ice shelter

(5) Except where an ice shelter has been destroyed in the course of removal, the owner of an ice shelter that has been removed pursuant to subsection (3) or (4) may take possession of the ice shelter within thirty days of the removal or of service of the notice mentioned in subsection (3), whichever is later, or within thirty days after service of the notice mentioned in subsection (4), as the case requires, upon payment to the Minister of Finance of the costs and charges for removal and storage of the ice shelter. R.S.O. 1990, c. E.19, s. 24 (5); 2001, c. 9, Sched. G, s. 5 (22).

Where provincial officer may dispose of ice shelter

(6) Where the owner of an ice shelter that has been removed pursuant to subsection (3) or (4) does not take possession of the ice shelter pursuant to subsection (5),

(a) a provincial officer may dispose of the ice shelter without compensation therefor; and

(b) the owner is divested of ownership of the ice shelter and, where the ice shelter is disposed of to any person, such person shall acquire ownership of the ice shelter free from any right, title or interest of any other person. R.S.O. 1990, c. E.19, s. 24 (6).

Notice

(7) A notice under subsection (3) or (4) shall be in such form as the regulations may prescribe and shall state that the owner may take possession of the ice shelter pursuant to subsection (5) and that, if such owner does not so take possession, the ice shelter may be disposed of without compensation therefor and, where the ice shelter has been removed or caused to be removed pursuant to subsection (4) and has been damaged or destroyed in the course of the removal, the notice shall state the condition of the ice shelter. R.S.O. 1990, c. E.19, s. 24 (7).

Means of removal

(8) A provincial officer shall use due care in removing an ice shelter pursuant to subsection (3) or (4) but may use a means of removal that causes damage to or the destruction of the ice shelter if the use of the means of removal is necessary in order to carry out the removal. R.S.O. 1990, c. E.19, s. 24 (8).

Damage or destruction during removal

(9) Where an ice shelter is removed pursuant to subsection (3) or (4) and the means of removal that is necessary in the circumstances results in damage to or the destruction of the ice shelter, the owner of the ice shelter is not entitled to compensation for the damage or destruction. R.S.O. 1990, c. E.19, s. 24 (9).

PART V
WASTE MANAGEMENT

Definitions, Part V

25. In this Part,

“operator” means the person in occupation or having the charge, management, or control of a waste management system or a waste disposal site; (“exploitant”)

“owner” includes,

(a) a person that is responsible for the establishment or operation of a waste management system or waste disposal site, or

(b) the person that owns the land in or on which a waste disposal site is located; (“propriétaire”)

“owner”, in section 47, means a person that is responsible for the operation of a well that is a waste disposal site; (“propriétaire”)

“waste” includes ashes, garbage, refuse, domestic waste, industrial waste, or municipal refuse and such other materials as are designated in the regulations; (“déchets”)

“waste disposal site” means,

(a) any land upon, into, in or through which, or building or structure in which, waste is deposited, disposed of, handled, stored, transferred, treated or processed, and

(b) any operation carried out or machinery or equipment used in connection with the depositing, disposal, handling, storage, transfer, treatment or processing referred to in clause (a); (“lieu d’élimination des déchets”)

“waste management system” means any facilities or equipment used in, and any operations carried out for, the management of waste including the collection, handling, transportation, storage, processing or disposal of waste, and may include one or more waste disposal sites. (“système de gestion des déchets”) R.S.O. 1990, c. E.19, s. 25; 1992, c. 1, s. 25.

Application of Part, domestic waste

26. This Part does not apply to the storage or disposal by any person of the person’s domestic wastes on the person’s own property unless the Director is of the opinion, based upon reasonable and probable grounds, that such storage or disposal is or is likely to create a nuisance, or to any sewage or other works to which the Ontario Water Resources Act or the regulations thereunder apply. R.S.O. 1990, c. E.19, s. 26.

Certificates of approval

27. (1) No person shall use, operate, establish, alter, enlarge or extend,

(a) a waste management system; or

(b) a waste disposal site,

unless a certificate of approval or provisional certificate of approval therefor has been issued by the Director and except in accordance with any conditions set out in such certificate. R.S.O. 1990, c. E.19, s. 27.

Niagara Escarpment Plan Area

(2) Despite subsection (1), no person shall use, operate, establish, alter, enlarge or extend a waste disposal site in the Niagara Escarpment Plan Area as set out in the Niagara Escarpment Plan, unless the Director has issued a certificate of approval or a provisional certificate of approval before this subsection comes into force. 1994, c. 5, s. 1.

Exceptions

(3) Subsection (2) does not apply with respect to,

(a) a transfer station or recycling facility, including a composting site, which receives waste only from the local municipality in which it is located; or

(b) in the case of a site approved before this subsection comes into force, a proposed use, operation, alteration, enlargement or extension of a waste disposal site which will not result in a greater area at a waste disposal site being covered with waste than permitted under the existing approval. 1994, c. 5, s. 1.

Lakes

(3.1) Despite subsection (1), no person shall use, operate, establish, alter, enlarge or extend a waste disposal site where waste is deposited in a lake. 2004, c. 6, s. 7 (1).

Same

(3.2) In subsection (3.1),

“lake” includes,

(a) a body of surface water that,

(i) results from human activities, and

(ii) directly influences or is directly influenced by ground water, and

(b) an area of land that was covered by a body of water described in clause (a) or a lake on the day this subsection came into force,

but does not include,

(c) a body of water described in clause (a) or a lake, if the body of water or lake is less than one hectare in area, or

(d) an area of land described in clause (b), if the body of water described in clause (a) or lake that covered the area of land on the day this subsection came into force was, in total, less than one hectare in area on that day. 2004, c. 6, s. 7 (1).

No proceeding

(4) No proceeding directly or indirectly based upon the prohibition in subsection (2) or (3.1) may be brought against the Crown in right of Ontario, the Government of Ontario, any member of the Executive Council or any employee of the Crown or Government. 1994, c. 5, s. 1; 2004, c. 6, s. 7 (2).

Transition, repeal of Part VIII

28. (1) If, except for the operation of Part VIII, a site would have been a waste disposal site under this Part or facilities would have been a waste management system under this Part, those sites and facilities are, on the day that Part VIII is repealed, continued as a waste disposal site or waste management system under this Part if a certificate of approval under section 77 or a permit under section 78 or both were issued and remain in force in respect of such works.

Same

(2) The certificate of approval or permit or both are continued in force as if they were a certificate of approval under section 39, with such changes as necessary.

Continuation, orders

(3) An order issued and continuing in force under section 79 in respect of a sewage system which except for the operation of Part VIII would have been a waste disposal site or a waste management system under this Part is, upon the repeal of Part VIII, continued as if it were an order under section 44, with such changes as necessary.

Matters in progress

(4) The following matters commenced under Part VIII shall, upon the repeal of Part VIII, be continued under this Part:

1. An application for a certificate of approval submitted before the repeal of Part VIII where the certificate has not been issued and has not been refused.

2. An unexpired right of appeal where a certificate of approval has been refused or conditions were attached to the certificate before the repeal of Part VIII.

3. An unexpired right of appeal where an order has been issued under section 79 before the repeal of Part VIII.

4. An appeal of the conditions attached to a certificate of approval or the refusal to issue a certificate of approval or an appeal of an order under section 79 commenced before the repeal of Part VIII but not completed.

Records

(5) If an agreement under section 81 was in force immediately before the repeal of Part VIII, the party which was administering Part VIII under the agreement shall,

(a) keep all records in their possession or under their control with respect to matters continued under this section for a period of six years from the date of the repeal or as otherwise prescribed under subsection (9);

(b) on the written request of the Director, deliver to the Director a record or certified copy of a record relating to Part VIII as specified in the request;

(c) on the written request of the Director, deliver to the Director a certificate as to the service of any document relating to Part VIII as specified in the request;

(d) on the written request of the Director, deliver to the Director a certificate as to the custody of any document relating to Part VIII as specified in the request; and

(e) on the written request of the Director, deliver to the Director a certificate as to whether or not any document relating to Part VIII as specified in the request was received or issued.

Deemed official document

(6) A record, certified copy of a record or a certificate delivered under clause (5) (b) or (c) that is or relates to an approval, certificate, consent, licence, notice, permit, order or return under Part VIII shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175.

Same

(7) A certificate delivered under clause (5) (d) or (e) shall be deemed to be an official document signed by an employee in the Ministry for the purpose of section 175.

References

(8) The references to sections 77, 78, 79 and 81 in this section are references to those provisions as they read immediately before the repeal of Part VIII under Schedule B of the Services Improvement Act, 1997.

Regulations

(9) The Lieutenant Governor in Council may make regulations prescribing transitional matters necessary to deal with issues arising out of the repeal of Part VIII, which regulations may be general or specific in their application and may be retroactive to the date this section comes into force.

Limitation

(10) This section applies only to sewage systems which, except for the operation of Part VIII, would have been waste disposal sites or waste management systems under this Part and to matters and documents related to such sewage systems. 1997, c. 30, Sched. B, s. 21.

Report by Minister

29. (1) Where the Minister reports in writing to the clerk of a municipality that the Minister is of the opinion that it is necessary in the public interest that waste be collected or a waste management system or any part thereof be established, maintained, operated, improved, extended, enlarged, altered, repaired or replaced, it is not necessary to obtain the assent of the electors to any by-law for incurring a debt for any such purpose, and the municipality shall forthwith do every possible act and thing in its power to implement the report of the Minister within the time specified. R.S.O. 1990, c. E.19, s. 29.

Reasons

(2) A report mentioned in subsection (1) must include a statement of the reasons for the Minister’s opinion.

What report may require

(3) A report may require a municipality,

(a) to collect or transport such waste as is specified in the report, including such waste from such source outside the boundaries of the municipality as is specified in the report;

(b) to accept, process or otherwise deal with such waste as is specified in the report, including such waste from such source outside the boundaries of the municipality as is specified in the report, in a waste management system or at a waste disposal site located in or owned, operated or controlled by the municipality.

Compensation by persons benefiting

(4) If a report requires a municipality to do anything that will benefit a person, the report may specify compensation to be provided to the municipality by that person for the benefit and the following apply:

1. The person shall provide the compensation if the person has been served with a copy of the report unless the person, within fifteen days after service, gives a written notice to the municipality and the Minister that the person renounces the benefit.

2. If the person renounces the benefit, the municipality is, with respect to the benefit, relieved from its obligation to implement the report.

Waste from outside municipality

(5) Requirements in a report relating to waste from a source outside the boundaries of a municipality are binding on the municipality only during the five-year period following the making of the report or during such shorter period as the report may specify.

Report is an order

(6) A report is an order for the purposes of Part XIV. 1992, c. 1, s. 27.

When Tribunal hearing required

30. (1) Where the Director receives an application for a certificate of approval for the use, operation, establishment, alteration, enlargement or extension of a waste disposal site for the disposal of hauled liquid industrial waste or hazardous waste as designated in the regulations or any other waste that the Director ascertains, having regard to the nature and quantity of the waste, is the equivalent of the domestic waste of not less than 1,500 persons, the Director shall, before issuing or refusing to issue the certificate of approval, require the Tribunal, by a notice in writing, to hold a hearing. R.S.O. 1990, c. E.19, s. 30 (1); 2000, c. 26, Sched. F, s. 12 (12).

Notice of hearing

(2) At least fifteen days notice of the hearing shall be given to the clerk of the municipality in or into which it is proposed to use, operate, establish, alter, enlarge or extend the waste disposal site and to the owners or occupants of the lands adjoining the land upon or in which the waste disposal site is or is intended to be located and to such other persons and in such manner as the Tribunal may direct and such notice shall be published once a week for three consecutive weeks in a newspaper having general circulation in the locality where the waste disposal site is or is intended to be located provided there is a newspaper having general circulation in the locality and published at least once a week. R.S.O. 1990, c. E.19, s. 30 (2); 2000, c. 26, Sched. F, s. 12 (12).

Where emergency situation exists

31. Despite section 30, where, in the opinion of the Director, an emergency situation exists by reason of,

(a) danger to the health or safety of any person;

(b) impairment or immediate risk of impairment of the quality of the natural environment for any use that can be made of it; or

(c) injury or damage or immediate risk of injury or damage to any property or to any plant or animal life,

and the emergency situation will be alleviated by the use, operation, establishment, alteration, enlargement or extension of a waste disposal site, the Director may issue a certificate of approval therefor without requiring the Tribunal to hold a hearing. R.S.O. 1990, c. E.19, s. 31; 2000, c. 26, Sched. F, s. 12 (12).

When Tribunal hearing discretionary

32. (1) Where the Director receives an application for a certificate of approval for the use, operation, establishment, alteration, extension or enlargement of,

(a) a waste management system that does not include a waste disposal site referred to in section 30; or

(b) a waste disposal site other than a waste disposal site referred to in section 30,

the Director may, before issuing or refusing to issue the certificate of approval, require the Tribunal, by a notice in writing, to hold a hearing. R.S.O. 1990, c. E.19, s. 32 (1); 2000, c. 26, Sched. F, s. 12 (12).

Notice of hearing

(2) Where a hearing is held under subsection (1), at least fifteen days notice shall be given to the clerk of the municipality in or into which it is proposed to use, operate, establish, alter, extend or enlarge the waste management system or waste disposal site and to the owners or occupants of the lands adjoining any land upon or in which the waste disposal site is located or is intended to be located and to such other persons and in such manner as the Tribunal may direct. R.S.O. 1990, c. E.19, s. 32 (2); 2000, c. 26, Sched. F, s. 12 (12).

Hearing before Tribunal

33. (1) Upon receipt of a notice from the Director under section 30, 32 or 36, the Tribunal shall hold a hearing with respect to the subject-matter of the notice. R.S.O. 1990, c. E.19, s. 33 (1); 2000, c. 26, Sched. F, s. 12 (12).

Parties

(2) The applicant, the Director and any other persons specified by the Tribunal shall be parties to the hearing. R.S.O. 1990, c. E.19, s. 33 (2); 2000, c. 26, Sched. F, s. 12 (12).

(3) Repealed: 2000, c. 26, Sched. F, s. 12 (4).

Decision

(4) The Tribunal shall serve notice of its decision, together with reasons therefor, on the parties to the hearing, and the Director shall implement the decision. R.S.O. 1990, c. E.19, s. 33 (4); 2000, c. 26, Sched. F, s. 12 (12).

Costs

(5) The Tribunal may award the costs of a proceeding under this section. 2000, c. 26, Sched. F, s. 12 (5).

Payment

(6) The Tribunal may order to whom and by whom the costs are to be paid. 2000, c. 26, Sched. F, s. 12 (5).

Assessment

(7) The Tribunal may fix the amount of the costs or direct that the amount be assessed and it may direct the scale according to which they are to be assessed and by whom they are to be assessed. 2000, c. 26, Sched. F, s. 12 (5).

Considerations not limited

(8) In awarding costs, the Tribunal is not limited to the considerations that govern awards of costs in any court. 2000, c. 26, Sched. F, s. 12 (5).

Application

(9) Subsections (5) to (8) apply despite sections 17.1 and 32 of the Statutory Powers Procedure Act. 2000, c. 26, Sched. F, s. 12 (5).

Appeal from decision of Tribunal

34. (1) A party to a proceeding under this Part before the Tribunal may appeal from its decision,

(a) on a question of law, to the Divisional Court;

(b) on a question other than a question of law, to the Lieutenant Governor in Council. R.S.O. 1990, c. E.19, s. 34 (1); 2000, c. 26, Sched. F, s. 12 (6).

Time to appeal to Cabinet

(2) An appeal under clause (1) (b) shall be made in writing within thirty days after the appealing party receives the decision of the Tribunal. R.S.O. 1990, c. E.19, s. 34 (2); 2000, c. 26, Sched. F, s. 12 (12).

Powers of Cabinet on appeal

(3) In an appeal under clause (1) (b), the Lieutenant Governor in Council shall confirm, alter or revoke the decision of the Tribunal, substitute for the decision of the Tribunal such decision as it considers appropriate or, by notice in writing to the Tribunal, require it to hold a new hearing with respect to all or any part of the subject-matter of the decision. R.S.O. 1990, c. E.19, s. 34 (3); 2000, c. 26, Sched. F, s. 12 (12).

Condition precedent to issue of certificate

35. No certificate of approval shall be issued to an applicant other than a municipality unless the applicant has,

(a) deposited a sum of money;

(b) furnished a surety bond; or

(c) furnished personal sureties,

in such amount and upon such conditions as the regulations prescribe to assure satisfactory maintenance of the waste management system or the waste disposal site or the removal of waste from the site if the Director considers such removal necessary. R.S.O. 1990, c. E.19, s. 35.

Hearing as to by-law

36. (1) Where a by-law of a municipality affects the location or operation of a proposed waste disposal site, the Director, upon the application of the person applying for a certificate of approval for the waste disposal site, may, by a notice in writing, and on such terms and conditions as he or she may direct, require the Tribunal to hold a public hearing to consider whether or not the by-law should apply to the proposed waste disposal site. R.S.O. 1990, c. E.19, s. 36 (1); 2000, c. 26, Sched. F, s. 12 (12).

When Tribunal to hold public hearing

(2) Upon receipt of notice from the Director, the Tribunal shall hold a public hearing with respect to the subject-matter of the notice. R.S.O. 1990, c. E.19, s. 36 (2); 2000, c. 26, Sched. F, s. 12 (12).

(3) Repealed: 2000, c. 26, Sched. F, s. 12 (7).

Parties and procedure

(4) Where the Director requires a public hearing under subsection (1),

(a) the applicant, the municipality and any other person specified by the Tribunal shall be given notice of the hearing in such manner as the Tribunal directs; and

(b) the Tribunal shall hold the public hearing within the municipality within which it is proposed to locate the waste disposal site. R.S.O. 1990, c. E.19, s. 36 (4); 2000, c. 26, Sched. F, s. 12 (12).

Order

(5) The Tribunal may order that the by-law referred to in subsection (1) does not apply to the proposed waste disposal site and the by-law shall thereupon be deemed not to apply thereto. R.S.O. 1990, c. E.19, s. 36 (5); 2000, c. 26, Sched. F, s. 12 (12).

Return of deposit

37. The deposit mentioned in clause 35 (a) may be returned to the depositor upon such terms and conditions as the regulations prescribe. R.S.O. 1990, c. E.19, s. 37.

Information to be furnished

38. An applicant for a certificate of approval shall submit to the Director plans and specifications of the work to be undertaken together with such other information as the Director may require. R.S.O. 1990, c. E.19, s. 38.

Powers of Director, certificates of approval

39. (1) The Director, after considering an application for a certificate of approval, may issue a certificate of approval or provisional certificate of approval.

Idem

(2) The Director may,

(a) refuse to issue or renew;

(b) suspend or revoke; or

(c) impose, alter or revoke terms and conditions in,

a certificate of approval or provisional certificate of approval where,

(d) the waste management system or the waste disposal site does not comply with this Act or the regulations; or

(e) the Director considers, upon probable grounds, that the use, establishment, operation, alteration, enlargement or extension of the waste management system or the waste disposal site may create a nuisance, is not in the public interest or may result in a hazard to the health or safety of any person. R.S.O. 1990, c. E.19, s. 39.

Prohibition as to deposit of waste

40. No person shall deposit, or cause, permit or arrange for the deposit of, waste upon, in, into or through any land or land covered by water or in any building that is not a waste disposal site for which a certificate of approval or a provisional certificate of approval has been issued and except in accordance with the terms and conditions of the certificate. 1998, c. 35, s. 4.

Prohibition as to use of facilities, etc.

41. No person shall use, or cause, permit or arrange for the use of, any facilities or equipment for the storage, handling, treatment, collection, transportation, processing or disposal of waste that is not part of a waste management system for which a certificate of approval or a provisional certificate of approval has been issued and except in accordance with the terms and conditions of the certificate. 1998, c. 35, s. 5.

Ownership of waste

42. (1) The ownership of waste that is accepted at a waste disposal site by the operator of the site is transferred to the operator upon acceptance.

Where waste not accepted

(2) Where waste is deposited but not accepted at a waste disposal site, the ownership of the waste shall be deemed to be transferred to the operator of the site immediately before the waste is deposited.

Certificate of approval

(3) Subsections (1) and (2) apply only in respect of a waste disposal site for which a certificate of approval or a provisional certificate of approval is in force.

Effect of contract

(4) Subsection (1) applies only in the absence of a contract to the contrary.

Liability

(5) Subsections (1) to (4) do not relieve any person from liability except liability as owner of waste that is delivered to and accepted by the operator of a waste disposal site in accordance with law including an applicable certificate of approval or provisional certificate of approval.

Owner of land

(6) Where the operator of a waste disposal site is not the owner of the land on which the site is located, subsections (1) and (2) do not prevent the ownership of waste that is accepted or deposited at the site from being transferred to the owner of the land. R.S.O. 1990, c. E.19, s. 42.

Order for removal of waste

43. Where waste has been deposited upon, in, into or through any land or land covered by water or in any building that has not been approved as a waste disposal site, the Director may issue an order to remove the waste and to restore the site to a condition satisfactory to the Director to,

(a) an owner or previous owner or a person who otherwise has or had charge and control of the land or building or waste;

(b) an occupant or previous occupant of the land or building; or

(c) a person that the Director reasonably believes engaged in an activity prohibited by section 40 or 41 that resulted in the deposit of the waste. 1998, c. 35, s. 6.

Order by Director

44. Where a waste management system or a waste disposal site is not in conformity with this Part or the regulations, the Director may order an owner or previous owner to take such action as is required to bring the system or the site into conformity with this Part or the regulations within the time specified in the order. R.S.O. 1990, c. E.19, s. 44.

Right to compensation

45. (1) Within thirty days after the receipt of notice that the Director has refused to renew or has suspended or revoked a certificate of approval, any owner who has suffered pecuniary loss as a result of such decision affecting the owner’s waste disposal site or waste management system may apply to the Director for compensation for such loss where such owner,

(a) has received a certificate of approval for the waste disposal site or waste management system affected by the Director’s decision; and

(b) since receiving such certificate of approval, has strictly complied with this Act and the regulations. R.S.O. 1990, c. E.19, s. 45 (1).

Notice of decision and right to appeal

(2) A notice of the decision of the Director in disposing of the application and a notice stating the right to an appeal under this section shall be served on the owner either personally or by registered mail addressed to the owner at the owner’s last known address. R.S.O. 1990, c. E.19, s. 45 (2).

Right to appeal

(3) Within fifteen days after receipt of the notices referred to in subsection (2), the owner may by written notice received by the Ministry and the Tribunal, appeal the amount of compensation, if any, to the Tribunal, and such appeal shall be a new hearing and the Tribunal may dismiss the appeal or alter the decision of the Director establishing the amount of the compensation, if any, and the decision of the Tribunal shall be final. R.S.O. 1990, c. E.19, s. 45 (3); 2000, c. 26, Sched. F, s. 12 (12).

Payment of compensation

(4) Where the Director or the Tribunal, as the case may be, has established the amount of the compensation, if any, the Minister of the Environment shall certify the amount thereof to the Minister of Finance and the Minister of Finance shall pay such amount to the person entitled thereto out of the Consolidated Revenue Fund. R.S.O. 1990, c. E.19, s. 45 (4); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 9, Sched. G, s. 5 (2).

Former disposal sites

46. No use shall be made of land or land covered by water which has been used for the disposal of waste within a period of twenty-five years from the year in which such land ceased to be so used unless the approval of the Minister for the proposed use has been given. R.S.O. 1990, c. E.19, s. 46.

Security Fund

47. (1) There shall be an account in the Consolidated Revenue Fund to be known in English as “The Waste Well Disposal Security Fund” and in French as “Caisse de garantie des propriétaires de puits d’élimination des déchets”, referred to in this section as the “Fund”, into which shall be paid the prescribed fees received under this Act. R.S.O. 1990, c. E.19, s. 47 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (3) by striking out “the prescribed fees received under this Act” at the end and substituting “the fees received under this section”. See: 2001, c. 9, Sched. G, ss. 5 (3), 8 (2).

Interest

(2) Interest shall be credited to the Fund out of the Consolidated Revenue Fund at a rate to be determined from time to time by the Lieutenant Governor in Council, and such interest shall be made up at the close of each fiscal year upon the balance in the Fund at the end of the previous calendar year. R.S.O. 1990, c. E.19, s. 47 (2).

Owner of waste disposal well to pay fee

(3) The owner of every well that is a waste disposal site shall pay a fee calculated upon the amount and type of waste disposed of in the well. R.S.O. 1990, c. E.19, s. 47 (3).

Fee paid to Minister of Finance

(4) The fee shall be paid to the Minister of Finance for payment into the Fund. R.S.O. 1990, c. E.19, s. 47 (4); 2001, c. 9, Sched. G, s. 5 (22).

Calculation and payment of fee

(5) The fee shall be at the rate or rates prescribed by the regulations, shall be paid upon the amount and type of waste disposed of in the well in each calendar year and shall be paid in advance in each calendar year. R.S.O. 1990, c. E.19, s. 47 (5).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (5) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (4) by striking out “prescribed by the regulations” and substituting “established by the Minister”. See: 2001, c. 9, Sched. G, ss. 5 (4), 8 (2).

Estimate by Director

(6) The Director shall estimate the amount of the fee for each calendar year based upon the amount and type of waste disposed of in the well in the previous calendar year and where waste was not disposed of in the well in the previous calendar year the Director shall estimate the fee on the basis of the amount and type of waste that in the Director’s opinion will be disposed of in the well in the current calendar year and may revise such estimate at any time before payment of the estimated fee as required by subsection (7). R.S.O. 1990, c. E.19, s. 47 (6).

Payment of estimated fee

(7) The estimated fee for each calendar year shall be paid within thirty days after receipt of the notice or revised notice by the owner of the well of the amount of the fee estimated by the Director. R.S.O. 1990, c. E.19, s. 47 (7).

Adjustment of fee

(8) At the end of each calendar year, the Director shall calculate the amount of the fee for the year and,

(a) where the fee estimated and paid for the year is less than the calculated fee, the Director shall add the difference to the estimated fee for the next calendar year or may, by a notice in writing, require the owner of the well to pay the difference forthwith to the Minister of Finance; and

(b) where the fee estimated and paid for the year is greater than the calculated fee, the Director shall deduct the difference from the estimated fee for the next calendar year or may certify to the Minister of Finance the amount of such difference and the Minister of Finance shall pay such amount to the owner of the well. R.S.O. 1990, c. E.19, s. 47 (8); 2001, c. 9, Sched. G, s. 5 (22).

Person suffering damage to be compensated

(9) Where the water in any well, lake, river, pond, spring, stream, reservoir or other water or watercourse that any person takes for ordinary household purposes or for the watering of livestock, poultry, home gardens or lawns, or for the watering or irrigation of crops grown for sale, is rendered unfit for such use by reason of the operation of any well that is a waste disposal site, the person is entitled to be compensated out of the Fund so far as the Fund is sufficient for that purpose, having regard to any other charges thereon, if the person gives notice to the Director forthwith after becoming aware that the water has been rendered unfit and makes a claim therefor under subsection (10) within six months, or such longer period of time as may be determined by the Director, from the date that the Director received the notice that the water has been rendered unfit. R.S.O. 1990, c. E.19, s. 47 (9).

Claim for compensation

(10) A person claiming to be entitled to compensation out of the Fund shall make application therefor to the Director in writing, setting out therein the person’s full name and address and the particulars of the person’s claim and shall furnish to the Director such additional information with respect to the subject-matter of the claim that the Director may require and that is within the person’s knowledge. R.S.O. 1990, c. E.19, s. 47 (10).

Determination by Director

(11) The Director shall investigate or cause an investigation to be made and shall determine whether there are reasonable grounds for believing that the water referred to in subsection (9) has been rendered unfit for any of the purposes set out therein and for which it was used and that it has been rendered unfit by the disposal of waste in any well that is a waste disposal site and in such case shall determine the amount of the claimant’s reasonable and necessary expenses incurred in obtaining an alternate supply of water substantially equivalent in quantity and quality to such water. R.S.O. 1990, c. E.19, s. 47 (11).

Director’s certificate

(12) The Director shall set out his or her determination in a certificate together with written reasons therefor and send a copy thereof to the claimant by registered mail at the address set out in the application. R.S.O. 1990, c. E.19, s. 47 (12).

When certificate final

(13) The certificate of the Director is final at the end of thirty days from the date of mailing it to the claimant unless notice of appeal is served within that time. R.S.O. 1990, c. E.19, s. 47 (13).

Appeal

(14) The claimant may appeal to the Tribunal at any time before the certificate of the Director becomes final and the procedure thereon shall be the same as upon an appeal from an order of the Director under Part XIII. R.S.O. 1990, c. E.19, s. 47 (14); 2000, c. 26, Sched. F, s. 12 (12).

Payment out of Fund

(15) Where the Director has sent the certificate by registered mail to the claimant and the time for any appeal has expired or, where an appeal is taken, it is disposed of, and it is finally determined that the claimant is entitled to payment of compensation out of the Fund, the Director shall certify to the Minister of Finance the sum found to be payable and the Minister of Finance shall pay such sum to the claimant out of the Fund. R.S.O. 1990, c. E.19, s. 47 (15); 2001, c. 9, Sched. G, s. 5 (22).

Recovery of money

(16) Where a claimant who has received any payment out of the Fund recovers any money directly or indirectly from the owner of a well that is a waste disposal site, in respect of the expenses for which the payment was made out of the Fund, the claimant shall repay to the Minister of Finance for credit to the Fund an amount equal to the payment out of the Fund or the money received from the owner of the well, whichever is the lesser, and such amount may be recovered with costs in any court of competent jurisdiction as a debt due to the Crown. R.S.O. 1990, c. E.19, s. 47 (16); 2001, c. 9, Sched. G, s. 5 (22).

Recovery of fees owing

(17) Any fee or any difference between the estimated fee and the calculated fee referred to in clause (8) (a) that is payable under this section may be recovered in any court of competent jurisdiction as a debt due to the Crown. R.S.O. 1990, c. E.19, s. 47 (17).

PART V.1
VEHICLE PERMITS AND NUMBER PLATES

Seizure of permits and number plates

Definitions, ss. 48 to 55

48. (1) In this section and in sections 49 to 55,

“number plates” means number plates issued under the Highway Traffic Act; (“plaques d’immatriculation”)

“offence” means offence under this Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act or the Pesticides Act; (“infraction”)

“permit” means permit issued under section 7 of the Highway Traffic Act; (“certificat d’immatriculation”)

“Registrar” means Registrar of Motor Vehicles under the Highway Traffic Act. (“registrateur”) R.S.O. 1990, c. E.19, s. 48 (1); 1998, c. 35, s. 8 (1, 2); 2002, c. 4, s. 62 (2).

Seizure of permit and number plates

(2) A police officer or a provincial officer may seize the permit and the number plates for a vehicle where he or she reasonably believes that the vehicle was used or is being used in connection with the commission of an offence and the seizure is necessary to prevent the continuation or repetition of the offence. 1998, c. 35, s. 8 (3).

Safekeeping

(3) The police officer or provincial officer,

(a) shall deliver the permit and the number plates into the custody of the Registrar pending disposition as provided in sections 49 to 55; and

(b) shall give notice to the Registrar of the date when the permit and the number plates were seized. R.S.O. 1990, c. E.19, s. 48 (3).

Notice by Registrar

(4) The Registrar shall give notice of the delivery into custody and of the date of the seizure to the person to whom the permit and the number plates were issued. R.S.O. 1990, c. E.19, s. 48 (4).

Suspension of permit and detention of number plates

49. (1) Where a person is convicted of an offence, the court may order the suspension of the permit and the detention of the number plates for any vehicle that the court is satisfied was used in connection with the commission of the offence. 1998, c. 35, s. 9 (1).

Term of suspension and detention

(2) The court may fix such period of time, not exceeding five years, for the suspension of the permit and the detention of the number plates as the court considers proper.

Idem

(3) Where the permit and the number plates were seized under section 48, the period of the suspension and detention shall be calculated from the day of the seizure.

Order for seizure

(4) Where the permit and the number plates have not been seized, the court may order that the permit and the number plates shall be seized and delivered to the Registrar.

Out-of-province permit and number plates

(5) Where the permit to drive the vehicle on a highway and the number plates were issued by an authority outside Ontario and not under the Highway Traffic Act, the court shall not act under subsection (1) but may order the Registrar to return the permit and the number plates to the authority that issued them.

Order is additional to any other penalty

(6) The court may issue an order under this section in addition to any other penalty imposed.

Notice of commencement of proceeding

(7) The prosecutor shall give to the Registrar and to the person to whom the permit and the number plates were issued notice of the commencement of the proceeding in respect of the offence mentioned in subsection (1).

Notice of intention to seek order

(8) Subsections (1) and (5) do not apply unless the court is satisfied that the person to whom the permit and the number plates were issued was notified, before the defendant entered a plea, that an order would be sought under this section. R.S.O. 1990, c. E.19, s. 49 (2-8).

Right to be added as a party

(9) A person given notice under subsection (8) has the right to be added as a party to the proceeding in respect of the offence for one or both of the following purposes:

1. Satisfying the court that the vehicle was not used in connection with the commission of the offence.

2. Making submissions to the court with respect to the issuance of an order under this section. 1998, c. 35, s. 9 (2).

Duty to give notice

(10) A prosecutor who intends not to seek a penalty under this section shall give notice of that fact to the court, to the Registrar and to the person to whom the permit and the number plates were issued.

Notice of intention not to seek penalty

(11) Subsections (1), (4) and (5) do not apply where the prosecutor gives notice to the person to whom the permit and the number plates were issued that a penalty will not be sought under this section. R.S.O. 1990, c. E.19, s. 49 (10, 11).

Order to detain permit and number plates pending payment of penalty

50. (1) Where,

(a) a person is convicted of an offence; and

(b) the court is satisfied,

(i) that the permit and the number plates for a vehicle used in connection with the commission of the offence are in the possession of the Registrar or are the subject of an order for seizure and delivery to the Registrar, and

(ii) that the person to whom the permit and the number plates were issued was notified that a penalty would be sought under section 49,

the court may order the Registrar to detain the permit and the number plates until any fine imposed upon the conviction mentioned in clause (a) is paid. R.S.O. 1990, c. E.19, s. 50 (1); 1998, c. 35, s. 10.

Duty of court clerk

(2) The clerk of the court shall transmit to the Registrar,

(a) a copy of the order made under subsection (1) together with a certificate as to the issuance of the order; and

(b) upon payment of the fine, a certificate by the clerk as to the payment. R.S.O. 1990, c. E.19, s. 50 (2).

Appeal, order under ss. 49 and 50

51. An appeal lies from an order or a refusal to issue an order under section 49 or 50 in the same manner as an appeal from a conviction or acquittal in respect of an offence mentioned in such section. R.S.O. 1990, c. E.19, s. 51.

Return of permit and number plates

52. (1) Where the Registrar is satisfied as to the circumstances set out in subsection (2), the Registrar upon application by the person to whom the permit and the number plates were issued shall return the permit and the number plates or, upon payment of any fees prescribed therefor under the Highway Traffic Act,

(a) shall renew the permit and return or issue new number plates; or

(b) shall issue a new permit and new number plates,

as the case requires. R.S.O. 1990, c. E.19, s. 52 (1).

When return to be made

(2) The circumstances referred to in subsection (1) are that,

(a) the prosecutor has given notice to the Registrar that an order will not be sought,

(i) for the suspension of the permit and the detention of the number plates, or

(ii) for the return of the permit and the number plates to the authority outside Ontario that issued them;

(b) at the conclusion of an investigation, no proceeding is commenced in respect of the offence mentioned in subsection 49 (1);

(c) notice of the commencement of the proceeding in respect of the offence mentioned in subsection 49 (1) is not given to the Registrar or to the person to whom the permit and the number plates were issued within thirty days of the seizure of the permit and the number plates;

(d) every charge that has been laid is withdrawn;

(e) any proceeding that has been commenced is finally disposed of without the issuance of an order,

(i) for the suspension of the permit and the detention of the number plates,

(ii) for the return of the permit and the number plates to the authority outside Ontario that issued them, or

(iii) for the detention of the permit and the number plates pending payment of a fine;

(f) where an order has been issued for the suspension of the permit and the detention of the number plates, the period of the suspension and detention has been completed and, if an order has been issued for the detention of the permit and the number plates pending payment of a fine, the fine has been paid;

(g) where an order has been issued for the detention of the permit and the number plates pending payment of a fine, the fine has been paid; or

(h) except where the permit and number plates are in the custody of the Registrar under a court order, a provincial officer has given notice to the Registrar that the suspension of the permit and number plates is no longer necessary to prevent the continuation or repetition of the offence. R.S.O. 1990, c. E.19, s. 52 (2); 1998, c. 35, s. 11.

Prohibition, applications for permits and number plates

Permits

53. (1) No person whose permit or number plates for a vehicle,

(a) have been seized and are held in custody under section 48;

(b) are under suspension or detention under section 49 or 51; or

(c) are detained under section 50,

shall apply for, procure the issue or renewal of or have possession of a permit for the vehicle.

Number plates

(2) No person whose permit or number plates for a vehicle,

(a) have been seized and are held in custody under section 48;

(b) are under suspension or detention under section 49 or 51; or

(c) are detained under section 50,

shall apply for, procure the issue of or have in the person’s possession or on the vehicle number plates for the vehicle. R.S.O. 1990, c. E.19, s. 53.

Transmittal of copy of order

54. Where, under section 49 or 51, an order is made or a charge is dismissed, the clerk or registrar of the court shall transmit to the Registrar a copy of the order or the minute of dismissal certified by the clerk or registrar. R.S.O. 1990, c. E.19, s. 54.

Substituted service

55. (1) On application without notice, a justice who is satisfied that reasonable efforts have been made without success to give a notice, in accordance with section 182, under section 48 or 49, or that such reasonable efforts would not be successful, may order substituted service of the notice in such manner as the justice may direct. 1998, c. 35, s. 12.

Effect

(2) A notice given by substituted service in the manner directed under subsection (1) shall be deemed to be given on the day on which the substituted service is carried out. R.S.O. 1990, c. E.19, s. 55 (2).

PART VI
OZONE DEPLETING SUBSTANCES

Definitions, Part VI

56. In this Part,

“designated” means designated by the regulations; (“désigné”)

“ozone depleting substance” means a chlorofluorocarbon, a halon or any other substance that has the potential to destroy ozone in the stratosphere. (“substance appauvrissant la couche d’ozone”) R.S.O. 1990, c. E.19, s. 56.

Application

57. Sections 58 and 59 apply only in respect of the following ozone depleting substances:

1. CFC-11, also known as fluorotrichloromethane.

2. CFC-12, also known as dichlorodifluoromethane.

3. CFC-113, also known as 1,1,2-trichloro-1,2,2-trifluoroethane.

4. CFC-114, also known as 1,2-dichloro-1,1,2,2-tetrafluoroethane.

5. CFC-115, also known as 1-chloro-1,1,2,2,2-pentafluoroethane.

6. Halon-1211, also known as bromochlorodifluoromethane.

7. Halon-1301, also known as bromotrifluoromethane.

8. Halon-2402, also known as dibromotetrafluoroethane.

9. Such other ozone depleting substances as may be designated. R.S.O. 1990, c. E.19, s. 57.

Prohibition, ozone depleting substances

58. No person shall make, use, transfer, display, transport, store or dispose of,

(a) any thing, other than a prescription drug, containing an ozone depleting substance that acts as a propellant; or

(b) any designated thing or any thing of a designated class if that thing contains an ozone depleting substance. R.S.O. 1990, c. E.19, s. 58.

Prohibition, manufacture using ozone depleting substances

59. No person shall make, use, transfer, display, transport, store or dispose of,

(a) any packaging, wrapping or container that is made in a manner that uses an ozone depleting substance; or

(b) any designated thing or any thing of a designated class if that thing is made in a manner that uses an ozone depleting substance. R.S.O. 1990, c. E.19, s. 59.

PART VII
ABANDONED MOTOR VEHICLES

Definitions, Part VII

60. In this Part,

“abandoned motor vehicle” means a vehicle that has been left unattended without lawful authority and that appears to an officer, by reason of its age, appearance, mechanical condition or lack of number plates, to be abandoned; (“véhicule automobile abandonné”)

“abandoned motor vehicle site” means,

(a) a waste disposal site,

(i) that is classified by the regulations as a derelict motor vehicle site,

(ii) that is not exempt under the regulations relating to Part V or this Part, and

(iii) for which a certificate of approval or a provisional certificate of approval has been issued pursuant to Part V, or

(b) any place that is approved in writing by the Director for the purpose of receiving and storing abandoned motor vehicles; (“emplacement de véhicules automobiles abandonnés”)

“officer” means a provincial officer or a member of the Ontario Provincial Police Force or the police force in the area where an abandoned motor vehicle is found. (“agent”) R.S.O. 1990, c. E.19, s. 60.

Removal of abandoned motor vehicle

61. An officer may remove or cause to be removed an abandoned motor vehicle to an abandoned motor vehicle site. R.S.O. 1990, c. E.19, s. 61.

Notice to owner, removal

62. Where an officer has removed an abandoned motor vehicle to an abandoned motor vehicle site, the officer shall forthwith serve notice in writing of the removal on the owner of the vehicle at the latest address shown on the records of the Ministry of Transportation when the officer causes the records to be examined or on the records, if any, on or in the vehicle unless the name and address of the owner cannot be determined. R.S.O. 1990, c. E.19, s. 62.

Contents of notice

63. A notice under section 62 shall,

(a) contain a description of,

(i) the abandoned motor vehicle,

(ii) the place from which and the abandoned motor vehicle site to which the abandoned motor vehicle was removed,

(iii) the date of removal, and

(iv) the identification of the officer who removed or caused the removal of the abandoned motor vehicle; and

(b) state,

(i) that if the abandoned motor vehicle is not claimed by the owner or any other person having a right or interest in the vehicle within thirty days from the date of service of the notice, the abandoned motor vehicle will be sold or otherwise disposed of by the person having the charge and control of the abandoned motor vehicle site, and

(ii) that the owner shall forthwith upon receipt of the notice notify any person having a right or interest in the abandoned motor vehicle, of whom the owner has knowledge, of the receipt and contents of the notice of removal. R.S.O. 1990, c. E.19, s. 63.

Where owner may retake possession

64. The owner or any person having a right or interest in an abandoned motor vehicle may take possession of the abandoned motor vehicle within thirty days after the date of service of the notice referred to in section 62 or, where notice of removal has not been served, within thirty days after the date of removal of the vehicle on payment to the person having the charge and control of the abandoned motor vehicle site of all costs and charges, if any, for removal of the vehicle to and all costs and charges, if any, for storage of the vehicle at the abandoned motor vehicle site. R.S.O. 1990, c. E.19, s. 64.

Disposal of vehicle

65. Where an abandoned motor vehicle has not been claimed by the owner or any person having a right or interest in the abandoned motor vehicle pursuant to section 64, the person having the charge and control of the abandoned motor vehicle site shall sell or otherwise dispose of the vehicle and shall apply the proceeds of the sale or other disposition firstly, in payment of all costs and charges, if any, for removal of the vehicle to the abandoned motor vehicle site, and secondly, in payment of all costs and charges, if any, for storage of the vehicle at the site, and any surplus shall be paid to the Minister of Finance. R.S.O. 1990, c. E.19, s. 65; 2001, c. 9, Sched. G, s. 5 (22).

Ownership of vehicle

66. Where an abandoned motor vehicle is sold or otherwise disposed of pursuant to section 65, the owner or any person having a right or interest in the vehicle is divested of the ownership of or other right or interest in the vehicle and the person who has acquired the vehicle on a disposition pursuant to section 65 acquires the ownership of the vehicle free from any right or interest of any other person in the vehicle. R.S.O. 1990, c. E.19, s. 66.

Compensation, disposal of vehicles

67. Where an owner or other person having a right or interest in an abandoned motor vehicle that is disposed of pursuant to section 65 does not, acting in good faith through any cause beyond the owner or other person’s control, receive notice of removal of the vehicle or does not otherwise acquire knowledge of such removal before the disposition and such owner or other person suffers loss as a result of such disposition, such owner or other person may apply to the Director for compensation upon giving notice to the Director forthwith after becoming aware of the disposition and upon applying therefor pursuant to section 68 within six months from the date the notice of removal, if any, is served or, where no notice of removal is served, from the date of removal of the vehicle to an abandoned motor vehicle site. R.S.O. 1990, c. E.19, s. 67.

Claim for compensation

68. A person applying for compensation pursuant to section 67 shall make application therefor to the Director in writing, setting out therein the person’s full name and address and the particulars of the person’s claim and shall furnish to the Director such additional information with respect to the subject-matter of the claim that the Director may require and that is within the person’s knowledge. R.S.O. 1990, c. E.19, s. 68.

Director’s certificate, compensation

69. The Director may award compensation under section 67 in such amount and on such terms and conditions as appear just under the circumstances and shall set out the award in a certificate together with written reasons therefor and send a copy thereof to the applicant by registered mail at the address set out in the application. R.S.O. 1990, c. E.19, s. 69.

When certificate final

70. The certificate of the Director is final at the end of thirty days from the date of mailing it to the applicant unless notice of appeal is served within that time. R.S.O. 1990, c. E.19, s. 70.

Appeal, certificate of compensation

71. The applicant may appeal to the Tribunal at any time before the certificate of the Director becomes final and the procedure thereon shall be the same as upon an appeal from an order of the Director under Part XIII. R.S.O. 1990, c. E.19, s. 71; 2000, c. 26, Sched. F, s. 12 (12).

Payment of compensation

72. Where the Director has sent the certificate by registered mail to the applicant and the time for any appeal has expired or, where an appeal is taken, it is disposed of, and it is finally determined that the applicant is entitled to payment of compensation, the Director shall certify to the Minister of Finance the sum found to be payable and the Minister of Finance shall pay such sum to the applicant out of the Consolidated Revenue Fund. R.S.O. 1990, c. E.19, s. 72; 2001, c. 9, Sched. G, s. 5 (22).

Reimbursement of compensation payment

73. Where an applicant who has received any payment out of the Consolidated Revenue Fund pursuant to section 72 recovers any money directly or indirectly from any person in respect of the loss for which the payment was made out of the Consolidated Revenue Fund, the applicant shall repay to the Minister of Finance for credit to the Consolidated Revenue Fund an amount equal to the payment out of the Consolidated Revenue Fund or the money received from such person, whichever is the lesser, and such amount may be recovered with costs in any court of competent jurisdiction as a debt due to the Crown. R.S.O. 1990, c. E.19, s. 73; 2001, c. 9, Sched. G, s. 5 (22).

PART VIII (ss. 74-83) Repealed: 1997, c. 30, Sched. B, s. 22.

PART IX
LITTER, PACKAGING, CONTAINERS, DISPOSABLE PRODUCTS AND PRODUCTS
THAT POSE WASTE MANAGEMENT PROBLEMS

Meaning of “litter”, Part IX

84. In this Part,

“litter” includes any material left or abandoned in a place other than a receptacle or place intended or approved for receiving such material and “littering” has a corresponding meaning. R.S.O. 1990, c. E.19, s. 84.

Research and studies, litter, packaging, etc.

85. The Minister, for the purposes of administering and enforcing this Part and the regulations related to it, may conduct research and studies concerning,

(a) the management and disposal of litter;

(b) the reduction of waste from packaging, containers and disposable products and the reuse or recycling of packaging, containers and disposable products;

(c) the degradability of packaging, containers and disposable products;

(d) the environmental appropriateness of packaging, containers and disposable products;

(e) the environmental appropriateness of materials used in packaging, containers and disposable products;

(f) products that pose or that may pose waste management problems. 1992, c. 1, s. 29.

Littering prohibited

86. No person shall abandon any material in a place, manner, receptacle or wrapping such that it is reasonably likely that the material will become litter. R.S.O. 1990, c. E.19, s. 86.

Subsidies and grants

87. The Minister may make grants to persons to assist in the provision of receptacles to receive litter in such amounts and upon such terms and conditions as the regulations may prescribe. R.S.O. 1990, c. E.19, s. 87.

Prohibition, use or sale of packaging, etc.

88. (1) No person shall use, offer for sale or sell any packaging, container or disposable product or any material for use in packaging, containers or disposable products contrary to this Act or the regulations.

Idem

(2) No person shall use, offer for sale or sell any product that is declared in the regulations to be a product that poses waste management problems contrary to this Act or the regulations. 1992, c. 1, s. 30.

Offence, litter

89. (1) Every person who fails to comply with a provision of this Part or a provision of a regulation relating to this Part that relates to litter is guilty of an offence and is liable on conviction to a fine of not more than $1,000 on a first conviction and not more than $2,000 on each subsequent conviction.

Idem, corporation

(2) Where a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed is $2,000 on a first conviction and $5,000 on each subsequent conviction and not as provided in subsection (1). R.S.O. 1990, c. E.19, s. 89.

Offence, packaging, etc.

90. (1) Every person who fails to comply with a provision of this Part or a provision of a regulation relating to this Part that relates to packaging, containers or disposable products or to products that are declared in the regulations to be products that pose waste management problems rather than to litter is guilty of an offence and is liable on conviction for each day or part of a day on which the offence occurs or continues to a fine of not more than $2,000 on a first conviction and not more than $5,000 on each subsequent conviction. R.S.O. 1990, c. E.19, s. 90 (1); 1992, c. 1, s. 31.

Idem, corporation

(2) Where a corporation is convicted of an offence under subsection (1), the maximum fine that may be imposed for each day or part of a day on which the offence occurs or continues is $5,000 on a first conviction and $10,000 on each subsequent conviction and not as provided in subsection (1). R.S.O. 1990, c. E.19, s. 90 (2).

PART X
SPILLS

Interpretation and application, Part X

91. (1) In this Part,

“municipality” means an upper-tier municipality, a lower-tier municipality or a single-tier municipality; (“municipalité”)

“owner of the pollutant” means the owner of the pollutant immediately before the first discharge of the pollutant, whether into the natural environment or not, in a quantity or with a quality abnormal at the location where the discharge occurs, and “owner of a pollutant” has a corresponding meaning; (“propriétaire du polluant”, “propriétaire d’un polluant”)

“person having control of a pollutant” means the person and the person’s employee or agent, if any, having the charge, management or control of a pollutant immediately before the first discharge of the pollutant, whether into the natural environment or not, in a quantity or with a quality abnormal at the location where the discharge occurs, and “person having control of the pollutant” has a corresponding meaning; (“personne qui exerce un contrôle sur un polluant”, “personne qui exerce un contrôle sur le polluant”)

“pollutant” means a contaminant other than heat, sound, vibration or radiation, and includes any substance from which a pollutant is derived; (“polluant”)

“practicable” means capable of being effected or accomplished; (“réalisable”)

“restore the natural environment”, when used with reference to a spill of a pollutant, means restore all forms of life, physical conditions, the natural environment and things existing immediately before the spill of the pollutant that are affected or that may reasonably be expected to be affected by the pollutant, and “restoration of the natural environment”, when used with reference to a spill of a pollutant, has a corresponding meaning; (“reconstituer l’environnement naturel”, “reconstitution de l’environnement naturel”)

“spill”, when used with reference to a pollutant, means a discharge,

(a) into the natural environment,

(b) from or out of a structure, vehicle or other container, and

(c) that is abnormal in quality or quantity in light of all the circumstances of the discharge,

and when used as a verb has a corresponding meaning; (“déversement”, “déverser”)

“substance” means any solid, liquid or gas, or any combination of any of them. (“substance”) R.S.O. 1990, c. E.19, s. 91 (1); 2001, c. 9, Sched. G, s. 5 (5, 6); 2002, c. 17, Sched. F, Table.

Abnormal discharge

(2) A discharge of a pollutant designated by the regulations at a location designated by the regulations shall be deemed to be in a quantity or with a quality abnormal at the location. R.S.O. 1990, c. E.19, s. 91 (2).

Practicable

(3) In determining what is practicable for the purposes of this Part, regard shall be had to the technical, physical and financial resources that are or can reasonably be made available. R.S.O. 1990, c. E.19, s. 91 (3).

Exception re farming

(4) This Part does not apply to the disposal of animal wastes in accordance with normal farming practices. R.S.O. 1990, c. E.19, s. 91 (4).

Successors, etc.

(5) A reference in this Part, other than in section 92, to an owner of a pollutant or a person having control of a pollutant includes a successor, assignee, executor or administrator of the owner of the pollutant or the person having control of the pollutant. R.S.O. 1990, c. E.19, s. 91 (5).

Notice of spills

92. (1) Every person having control of a pollutant that is spilled and every person who spills or causes or permits a spill of a pollutant that causes or is likely to cause an adverse effect shall forthwith notify the following persons of the spill, of the circumstances thereof, and of the action that the person has taken or intends to take with respect thereto,

(a) the Ministry;

(b) any municipality within the boundaries of which the spill occurred or, if the spill occurred within the boundaries of a regional municipality, the regional municipality;

(c) where the person is not the owner of the pollutant and knows or is able to ascertain readily the identity of the owner of the pollutant, the owner of the pollutant; and

(d) where the person is not the person having control of the pollutant and knows or is able to ascertain readily the identity of the person having control of the pollutant, the person having control of the pollutant. R.S.O. 1990, c. E.19, s. 92 (1); 2002, c. 17, Sched. F, Table.

When duty effective

(2) The duty imposed by subsection (1) comes into force in respect of each of the persons having control of the pollutant and the person who spills or causes or permits the spill of the pollutant immediately when the person knows or ought to know that the pollutant is spilled and is causing or is likely to cause an adverse effect. R.S.O. 1990, c. E.19, s. 92 (2).

Additional information to Director

(3) The person required by subsection (1) to give notice and the owner of the pollutant shall give to the Director such additional information in respect of the pollutant, the source of the pollutant and the spill of the pollutant as may be required by the Director. R.S.O. 1990, c. E.19, s. 92 (3).

Notice to Ministry by person investigating

(4) A member of a police force or an employee of a municipality or other public authority who is informed of or who investigates the spill of a pollutant shall forthwith notify the Ministry of the spill of the pollutant unless he or she has reasonable grounds for believing that such notice has been given to the Ministry by another person. R.S.O. 1990, c. E.19, s. 92 (4).

Duty to mitigate and restore

93. (1) The owner of a pollutant and the person having control of a pollutant that is spilled and that causes or is likely to cause an adverse effect shall forthwith do everything practicable to prevent, eliminate and ameliorate the adverse effect and to restore the natural environment.

When duty effective

(2) The duty imposed by subsection (1) comes into force in respect of each of the owner of the pollutant and the person having control of the pollutant immediately when the owner or person, as the case may be, knows or ought to know that the pollutant is spilled and is causing or is likely to cause an adverse effect. R.S.O. 1990, c. E.19, s. 93.

Directions by Minister, spills

94. (1) Where a pollutant is spilled and the Minister is of the opinion that there is or is likely to be an adverse effect as a result of the spill, the Minister, in the circumstances specified in subsection (2), may give directions in accordance with subsection (3) to the employees and agents of the Ministry.

Where Minister may give directions

(2) The Minister may give directions in accordance with subsection (3) where the Minister is of the opinion that it is in the best interest of the public to do so and,

(a) the Minister is of the opinion that neither the person having control of the pollutant nor the owner of the pollutant will carry out promptly the duty imposed by section 93;

(b) the Minister is of the opinion that the person having control of the pollutant or the owner of the pollutant cannot be readily identified or located and that as a result the duty imposed by section 93 will not be carried out promptly; or

(c) the person having control of the pollutant or the owner of the pollutant requests the assistance of the Minister in order to carry out the duty imposed by section 93.

Contents of directions

(3) Under this section, the Minister may direct the employees and agents of the Ministry to do everything practicable or to take such action as may be specified in the directions in respect of the prevention, elimination and amelioration of the adverse effect and the restoration of the natural environment.

Further directions

(4) The Minister may give directions amending or revoking directions given under this section.

Employees and agents

(5) No Act, regulation, by-law, order, permit, approval or licence bars the employees and agents of the Ministry from acting in accordance with directions given by the Minister under this section.

Hearing

(6) The Minister need not hold or afford to any person an opportunity for a hearing before giving directions under this section. R.S.O. 1990, c. E.19, s. 94.

Entry and removal

95. (1) For the purpose of carrying out any duty imposed or order or direction made or given under this Part, any person subject to the duty or to whom the order or direction is made or given and that person’s employees and agents may,

(a) enter any place;

(b) construct structures and use machinery, structures, materials and equipment therein or thereon; and

(c) remove therefrom the pollutant or any matter, thing, plant or animal or any part of the natural environment that is affected or that may reasonably be expected to be affected by the pollutant. R.S.O. 1990, c. E.19, s. 95 (1).

Enforcement of right of entry, etc.

(2) The rights set out in subsection (1) may be enforced by application without notice to a judge of the Superior Court of Justice by a person, employee or agent referred to in subsection (1). R.S.O. 1990, c. E.19, s. 95 (2); 2001, c. 9, Sched. G, s. 5 (21).

Order by judge

(3) Where the judge is satisfied that there is reasonable ground for believing that it is necessary to do anything mentioned in subsection (1), the judge may issue an order authorizing the person and the person’s employees and agents or any one or more of them to do anything mentioned in subsection (1) and specified in the order. R.S.O. 1990, c. E.19, s. 95 (3).

When to be executed

(4) An order under subsection (3) shall be carried out between 6 a.m. and 9 p.m. standard time, unless the order otherwise authorizes. R.S.O. 1990, c. E.19, s. 95 (4).

Disposal of pollutant, etc.

96. (1) No person, employee or agent exercising any authority under subsection 100 (1) or carrying out any duty imposed or order or direction made or given under this Part shall dispose of or use any pollutant, or any matter, thing, plant or animal or any part of the natural environment that is affected or that may reasonably be expected to be affected by the pollutant except,

(a) in accordance with an order of or direction by the Minister under this or any other Act;

(b) in accordance with a direction by or the approval of the Director, but such a direction or approval shall not be contrary to the regulations; or

(c) in accordance with an approval, order, certificate of property use, requirement or direction by the Director under any other Part of this Act or by a Director or provincial officer under any other Act administered by the Minister, but such an approval, order, certificate of property use, requirement or direction shall not be contrary to the regulations. R.S.O. 1990, c. E.19, s. 96 (1); 2001, c. 17, s. 2 (5).

Direction or approval by Director

(2) The Director may give to any person, employee or agent mentioned in subsection (1), and may amend or revoke, a direction or approval mentioned in clause (1) (b) and may do so despite the terms of or conditions in a certificate of approval issued under Part V in respect of a waste disposal site. R.S.O. 1990, c. E.19, s. 96 (2).

Conditions

(3) The Director may attach such conditions as the Director considers necessary to an approval mentioned in clause (1) (b). R.S.O. 1990, c. E.19, s. 96 (3).

Hearing

(4) The Director need not hold or afford to any person an opportunity for a hearing before giving, amending or revoking a direction or approval referred to in clause (1) (b). R.S.O. 1990, c. E.19, s. 96 (4).

Orders by Minister, spills

97. (1) Where a pollutant is spilled and the Minister is of the opinion that there is or is likely to be an adverse effect and that it is in the best interest of the public to make an order under this section, the Minister may make an order directed to one or more of the following:

1. The owner of the pollutant.

2. The person having control of the pollutant.

3. The owner or the person having the charge, management or control of any real property or personal property that is affected or that may reasonably be expected to be affected by the pollutant.

4. The municipality within whose boundaries the spill occurred.

5. Any municipality contiguous to the municipality within whose boundaries the spill occurred.

6. Any municipality that is affected or that may reasonably be expected to be affected by the spill of the pollutant.

7. Any public authority.

8. Any person who is or may be adversely affected by the pollutant or whose assistance is necessary, in the opinion of the Minister, to prevent, eliminate or ameliorate the adverse effects or to restore the natural environment. R.S.O. 1990, c. E.19, s. 97 (1); 2002, c. 17, Sched. F, Table.

Content of orders

(2) In an order under this section, the Minister may require the doing of everything practicable or the taking of such action as may be specified in the order in respect of the prevention, elimination and amelioration of the adverse effects and the restoration of the natural environment within such period or periods of time as may be specified in the order. R.S.O. 1990, c. E.19, s. 97 (2).

Idem

(3) In an order under this section, the Minister may require the doing of everything practicable or the taking of such action as may be specified in the order in respect of the use or disposal of,

(a) the pollutant; or

(b) any matter, thing, plant or animal or any part of the natural environment affected or that may reasonably be expected to be affected by the pollutant,

within such period or periods of time as may be specified in the order. R.S.O. 1990, c. E.19, s. 97 (3).

Amendment or revocation of order

(4) The Minister by an order may amend or revoke an order made under this section. R.S.O. 1990, c. E.19, s. 97 (4).

Effect of any Act, regulation, etc.

(5) The Minister may make an order under this section despite any Act, regulation, by-law, order, permit, approval or licence. R.S.O. 1990, c. E.19, s. 97 (5).

Hearing

(6) The Minister need not hold or afford to any person an opportunity for a hearing before making an order under this section. R.S.O. 1990, c. E.19, s. 97 (6).

Notice of order

(7) The Minister may direct, orally or in writing, a representative of the Ministry to give a written notice setting out an order of the Minister made orally or in writing under this section. R.S.O. 1990, c. E.19, s. 97 (7).

Effect of notice

(8) An order of the Minister set out in a notice under subsection (7) is for all purposes an order of the Minister made under this section. R.S.O. 1990, c. E.19, s. 97 (8).

Service of order or notice

(9) Where an order under this section or a notice under subsection (7) that sets out an order is given to an employee or agent of an employer or principal named in the order, the order shall be deemed to be given to the employer or principal. R.S.O. 1990, c. E.19, s. 97 (9).

Writing required

(10) An order under this section is not effective unless it is set out in writing or is set out in a notice referred to in subsection (7). R.S.O. 1990, c. E.19, s. 97 (10).

Effect of compliance with duty, or order, etc.

98. A person who in good faith and in a reasonable manner, in carrying out or attempting to carry out,

(a) a duty imposed by this Part; or

(b) an order or direction by the Minister or a direction or approval by the Director under this Part,

takes or refrains from taking any action shall not be convicted of an offence in respect of such taking or refraining from taking of action. R.S.O. 1990, c. E.19, s. 98.

Compensation, spills

99. (1) In this section,

“loss or damage” includes personal injury, loss of life, loss of use or enjoyment of property and pecuniary loss, including loss of income. R.S.O. 1990, c. E.19, s. 99 (1).

Right to compensation

(2) Her Majesty in right of Ontario or in right of Canada or any other person has the right to compensation,

(a) for loss or damage incurred as a direct result of,

(i) the spill of a pollutant that causes or is likely to cause an adverse effect,

(ii) the exercise of any authority under subsection 100 (1) or the carrying out of or attempting to carry out a duty imposed or an order or direction made under this Part, or

(iii) neglect or default in carrying out a duty imposed or an order or direction made under this Part;

(b) for all reasonable cost and expense incurred in respect of carrying out or attempting to carry out an order or direction under this Part,

from the owner of the pollutant and the person having control of the pollutant. R.S.O. 1990, c. E.19, s. 99 (2).

Exception

(3) An owner of a pollutant or a person having control of a pollutant is not liable under subsection (2) if they establish that they took all reasonable steps to prevent the spill of the pollutant or if they establish that the spill of the pollutant was wholly caused by,

(a) an act of war, civil war, insurrection, an act of terrorism or an act of hostility by the government of a foreign country;

(b) a natural phenomenon of an exceptional, inevitable and irresistible character; or

(c) an act or omission with intent to cause harm by a person other than a person for whose wrongful act or omission the owner of the pollutant or the person having control of the pollutant is by law responsible,

or any combination thereof. R.S.O. 1990, c. E.19, s. 99 (3).

Qualification

(4) Subsection (3) does not relieve the owner of the pollutant or the person having control of the pollutant,

(a) from liability for loss or damage that is a direct result of neglect or default of the owner of the pollutant or the person having control of the pollutant in carrying out a duty imposed or an order or direction made under this Part; or

(b) from liability, under clause (2) (a), for cost and expense incurred or, under clause (2) (b), for all reasonable cost and expense incurred,

(i) to do everything practicable to prevent, eliminate and ameliorate the adverse effect, or

(ii) to do everything practicable to restore the natural environment,

or both. R.S.O. 1990, c. E.19, s. 99 (4).

Enforcement of right

(5) The right to compensation under subsection (2) may be enforced by action in a court of competent jurisdiction. R.S.O. 1990, c. E.19, s. 99 (5).

Liability

(6) Liability under subsection (2) does not depend upon fault or negligence. R.S.O. 1990, c. E.19, s. 99 (6).

Contribution

(7) In an action under this section,

(a) where the plaintiff is an owner of the pollutant or a person having control of the pollutant, the court shall determine the degree, if any, in which the plaintiff would be liable to make contribution or indemnification under subsection (8) if the plaintiff were a defendant; and

(b) where the plaintiff is not an owner or a person having control referred to in clause (a), the court shall determine the degree, if any, in which the plaintiff caused or contributed to the loss, damage, cost or expense by fault or negligence,

and the court shall reduce the compensation by the degree, if any, so determined. R.S.O. 1990, c. E.19, s. 99 (7).

Extent of liability

(8) Where two or more persons are liable to pay compensation under this section, they are jointly and severally liable to the person suffering the loss, damage, cost or expense but as between themselves, in the absence of an express or implied contract, each is liable to make contribution to and indemnify the other in accordance with the following principles:

1. Where two or more persons are liable to pay compensation under this section and one or more of them caused or contributed to the loss, damage, cost or expense by fault or negligence, such one or more of them shall make contribution to and indemnify,

i. where one person is found at fault or negligent, any other person liable to pay compensation under this section, and

ii. where two or more persons are found at fault or negligent, each other and any other person liable to pay compensation under this section in the degree in which each of such two or more persons caused or contributed to the loss, damage, cost or expense by fault or negligence.

2. For the purpose of subparagraph ii of paragraph 1, if it is not practicable to determine the respective degrees in which the fault or negligence of two or more persons liable to pay compensation under this section caused or contributed to the loss, damage, cost or expense, such two or more persons shall be deemed to be equally at fault or negligent.

3. Where no person liable to pay compensation under this section caused or contributed to the loss, damage, cost or expense by fault or negligence, each of the persons liable to pay compensation is liable to make contribution to and indemnify each other in such degree as is determined to be just and equitable in the circumstances. R.S.O. 1990, c. E.19, s. 99 (8).

Enforcement of contribution

(9) The right to contribution or indemnification under subsection (8) may be enforced by action in a court of competent jurisdiction. R.S.O. 1990, c. E.19, s. 99 (9).

Adding parties

(10) Wherever it appears that a person not already a party to an action under this section may be liable in respect of the loss, damage, cost or expense for which compensation is claimed, the person may be added as a party defendant to the action upon such terms as are considered just or may be made a third party to the action in the manner prescribed by the rules of practice for adding third parties. R.S.O. 1990, c. E.19, s. 99 (10).

Settlement and recovery between persons liable

(11) A person liable to pay compensation under this section may recover contribution or indemnity from any other person liable to pay compensation under this section in respect of the loss, damage, cost or expense for which the compensation is claimed by settling with the person suffering the loss, damage, cost or expense and continuing the action or commencing an action against such other person. R.S.O. 1990, c. E.19, s. 99 (11).

Amount of settlement

(12) A person who has settled a claim and continued or commenced an action as mentioned in subsection (11) must satisfy the court that the amount of the settlement was reasonable, and, if the court finds the amount was excessive, the court may fix the amount at which the claim should have been settled. R.S.O. 1990, c. E.19, s. 99 (12).

(13) Repealed: 2002, c. 24, Sched. B, s. 25.

(14) Repealed: 2002, c. 24, Sched. B, s. 25.

Action by municipality or designated persons, spills

100. (1) Where a pollutant is spilled and causes or is likely to cause an adverse effect,

(a) a municipality; and

(b) Repealed: 2002, c. 17, Sched. F, Table.

(c) a person or a member of a class of persons designated by the regulations,

or any one or more of them, may do everything practicable to prevent, eliminate and ameliorate the adverse effects and to restore the natural environment. R.S.O. 1990, c. E.19, s. 100 (1); 2002, c. 17, Sched. F, Table.

Right of entry and immunity from prosecution

(2) A municipality or a person or member of a class of persons designated by the regulations acting under subsection (1) or an employee or agent of any of them so acting has the rights of a person under section 95 and, if acting in good faith and in a reasonable manner, the immunity conferred on a person by section 98. R.S.O. 1990, c. E.19, s. 100 (2); 2002, c. 17, Sched. F, Table.

Co-operation with others

(3) A municipality or a person or a member of a class of persons designated by the regulations acting under subsection (1) must,

(a) co-ordinate efforts with;

(b) make use of the expertise of; and

(c) not impede,

a person carrying out a duty, order or direction under this Part. R.S.O. 1990, c. E.19, s. 100 (3); 2002, c. 17, Sched. F, Table.

Right to compensation

(4) A municipality or a person or member of a class of persons designated by the regulations has the right to compensation from the owner of the pollutant and the person having control of the pollutant for all reasonable cost and expense incurred in acting under subsection (1). R.S.O. 1990, c. E.19, s. 100 (4); 2002, c. 17, Sched. F, Table.

Enforcement

(5) The right to compensation under subsection (4) may be enforced by action in a court of competent jurisdiction. R.S.O. 1990, c. E.19, s. 100 (5).

Application of subss. 99 (6) to (12)

(6) Where the right to compensation under subsection (4) arises, subsections 99 (6) to (12) apply with necessary modifications. R.S.O. 1990, c. E.19, s. 100 (6); 2002, c. 24, Sched. B, s. 35.

Right to compensation from Crown

101. (1) A person, other than a person referred to in subsection (2), entitled under clause 99 (2) (b) to compensation for reasonable cost and expense has the right, subject to the conditions prescribed by the regulations, to payment of such compensation from Her Majesty in right of Ontario.

Application of subs. (1)

(2) Subsection (1) does not give a right to payment of compensation to,

(a) the owner of the pollutant;

(b) the person having control of the pollutant;

(c) a person liable at law other than under this Part for loss, damage, cost or expense arising from the spill of the pollutant;

(d) a person that has a right under a contract to payment of the reasonable cost and expense referred to in subsection (1),

or an employee or agent of any of them.

Enforcement of right

(3) The right to payment of compensation under subsection (1) may be enforced by action in a court of competent jurisdiction.

Recovery by Crown

(4) Where compensation has been paid under subsection (1), Her Majesty in right of Ontario has the right to recover in the place of the person to whom the compensation was paid to the extent of the amount of the payment of compensation by and any costs of Her Majesty.

Idem

(5) Her Majesty in right of Ontario is entitled under subsection (4) to all rights of recovery whether under this Part or otherwise that the person has against any other person.

Idem

(6) For the purposes of subsection (4), the payment of compensation by Her Majesty in right of Ontario under subsection (1) shall not be construed to affect the right of the person under subsection 99 (2) to compensation for reasonable cost and expense so paid by Her Majesty.

Enforcement

(7) The right to compensation under subsection (4) may be enforced in a court of competent jurisdiction by Her Majesty in right of Ontario in Her Majesty’s name or in the name of the person to whom the compensation has been paid.

Disentitlement

(8) A person that fails to comply with or contravenes a condition prescribed by the regulations that must be complied with before payment of compensation under subsection (1) is disentitled to the payment.

Repayment

(9) Where a person fails to comply with or contravenes a condition prescribed by the regulations that attaches to the payment of compensation under subsection (1), Her Majesty in right of Ontario has the right to recover the amount of the compensation paid and the right may be enforced in a court of competent jurisdiction.

Right of insurer

(10) An insurer as defined in the Insurance Act only acquires its subrogated right of recovery under any law, including sections 152 and 278 of the Insurance Act, or the provisions of any contract of insurance in respect of a person to whom a payment of compensation has been made under subsection (1) when Her Majesty in right of Ontario consents in writing to a settlement in accordance with which the right of recovery is released or to the bringing of an action to enforce the right of recovery.

Where consent not obtained

(11) If an insurer referred to in subsection (10) purports to make a settlement or brings an action without the consent of Her Majesty, the insurer is liable to Her Majesty in right of Ontario in an amount equal to the amount of the payment of compensation under subsection (1) to the extent of the recovery under the judgment with respect to which the action was brought or the amount paid to the insurer in accordance with the settlement.

Effect of release

(12) A release in furtherance of or in accordance with a purported settlement made without the consent of Her Majesty in right of Ontario is a nullity.

Withholding of consent

(13) Her Majesty shall not unreasonably withhold the consent referred to in subsections (10), (11) and (12), but Her Majesty may attach conditions to the consent and may revoke the consent for breach of such a condition.

Conflict

(14) This section applies despite any other law or any contract of insurance. R.S.O. 1990, c. E.19, s. 101.

Definitions

102. In this section and in sections 103 to 121,

“corporation” means the Environmental Compensation Corporation referred to in section 111; (“société”)

“director” means director of the corporation; (“administrateur”)

“payment” means payment referred to in subsection 103 (1) in respect of a spill of a pollutant. (“paiement”) R.S.O. 1990, c. E.19, s. 102; 1993, c. 27, Sched.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 102 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2 and the following substituted:

Transfer of rights

102. (1) All rights of recovery of compensation of the Environmental Compensation Corporation are transferred to Her Majesty in right of Ontario. 1997, c. 7, s. 2.

Same

(2) All assets, other than rights of recovery of compensation, and liabilities of the Environmental Compensation Corporation are transferred to and assumed by Her Majesty in right of Ontario as represented by the Minister of Environment and Energy. 1997, c. 7, s. 2.

See: 1997, c. 7, ss. 2, 12 (2).

Note: On the day section 102 comes into force, subsection (2) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule E, subsection 3 (1) by striking out “Minister of the Environment and Energy” and substituting “Minister of the Environment”. See: 2000, c. 26, Sched. E, s. 3 (1).

Corporation to authorize payment

103. (1) Upon application, the corporation shall authorize payment in respect of a spill of a pollutant to,

(a) any person who has incurred loss or damage as a direct result of,

(i) the spill of a pollutant that causes or is likely to cause an adverse effect,

(ii) the exercise of any authority under subsection 100 (1) or the carrying out of or attempting to carry out a duty imposed or an order or direction made under this Part, or

(iii) neglect or default in carrying out a duty imposed or an order or direction made under this Part;

(b) any person who has incurred reasonable cost and expense in respect of carrying out or attempting to carry out an order or direction under this Part; and

(c) the owner of the pollutant and the person having control of the pollutant who are liable to pay compensation under this Part,

if such person, owner of the pollutant or person having control of the pollutant is a member of a class prescribed by the regulations and meets the conditions prescribed by the regulations.

Amount

(2) The amount of the payment that the corporation shall authorize under subsection (1) shall be calculated in the manner prescribed by the regulations,

(a) generally;

(b) in respect of the class of which the person, the owner of the pollutant or the person having control of the pollutant is a member; or

(c) in respect of a class prescribed by the regulations,

(i) of spills of pollutants,

(ii) of loss or damage, or

(iii) of cost or expense.

Limit

(3) The corporation shall not authorize payment under subsection (1) in excess of a limit prescribed by the regulations or in excess of a limit calculated in the manner prescribed by the regulations and, in either case,

(a) generally;

(b) in respect of the class of which the person, the owner of the pollutant or the person having control of the pollutant is a member; or

(c) in respect of a class prescribed by the regulations,

(i) of spills of pollutants,

(ii) of loss or damage, or

(iii) of cost or expense. R.S.O. 1990, c. E.19, s. 103.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 103 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2 and the following substituted:

Right of action preserved

103. (1) Despite the repeal of section 110 by the Environmental Approvals Improvement Act, 1997, Her Majesty in right of Ontario may start or continue a proceeding for the recovery of compensation or pursue any action under that section, as if it had not been repealed, in the place of the Environmental Compensation Corporation. 1997, c. 7, s. 2.

Repayment

(2) A person who received payment, pursuant to a certificate of the Environmental Compensation Corporation, from the Minister of Finance of Ontario for loss or damage as a result of a spill and recovers compensation from another person for the same loss or damage shall repay to the Minister of Finance an amount equal to the total amount recovered from the Minister of Finance and the other person less the financial value of the loss or damage suffered, but the amount repayable does not exceed the payment received from the Minister of Finance. 1997, c. 7, s. 2.

See: 1997, c. 7, ss. 2, 12 (2).

Failure to comply with condition precedent

104. (1) The corporation shall not authorize a payment to a person who fails to comply with or contravenes a condition prescribed by the regulations that must be complied with before the payment.

Failure to comply with condition subsequent

(2) Where a person fails to comply with or contravenes a condition prescribed by the regulations that attaches to a payment, the corporation has the right to recover on behalf of Her Majesty in right of Ontario the amount of the payment and the costs of the corporation, and the right may be enforced by action in a court of competent jurisdiction. R.S.O. 1990, c. E.19, s. 104.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 104 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2 and the following substituted:

Testimony

104. Except in a proceeding under this Act or the regulations, no person who obtained information in the course of his or her duties or employment with the Environmental Compensation Corporation in connection with the administration of, or a proceeding under, this Act or the regulations is required to give testimony, other than testimony about a spill of a pollutant, in a civil suit or proceeding with regard to that information. 1997, c. 7, s. 2.

See: 1997, c. 7, ss. 2, 12 (2).

Matters to be considered by corporation

105. In assessing the amount of a payment, the corporation, except as may be prescribed by the regulations, shall take into consideration any benefit, compensation or indemnity payable to the person from any source. R.S.O. 1990, c. E.19, s. 105.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 105 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2 and the following substituted:

Corporation dissolved

105. The Environmental Compensation Corporation is dissolved. 1997, c. 7, s. 2.

See: 1997, c. 7, ss. 2, 12 (2).

Proposal re payment of compensation

106. (1) The corporation shall make a proposal in respect of payment in connection with each application for payment and shall give notice of its proposal, together with written reasons therefor, to the applicant.

Investigations

(2) The corporation may cause an investigation and report to be made in respect of the performance of its function and the exercise of its powers in any matter. R.S.O. 1990, c. E.19, s. 106.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 106 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Procedure

107. The Statutory Powers Procedure Act does not apply to proceedings of or proposals in respect of payment by the corporation under this Part or the regulations. R.S.O. 1990, c. E.19, s. 107.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 107 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Rights of applicant

108. (1) An applicant for payment may accept a proposal by the corporation by notice in writing given to the corporation within twenty days after the applicant is given notice of the proposal or, if the applicant is dissatisfied with the proposal, the applicant may apply within the twenty days to the Ontario Court (General Division) by notice of application for the determination of the right of the applicant to payment and the amount of the payment, and on such application the court, in accordance with the rules of court, may determine the right to payment and the amount or may direct the trial of the issue.

Minister entitled to be heard

(2) The Minister is entitled to be heard, by counsel or otherwise, upon the hearing of an application by the Ontario Court (General Division) under subsection (1) or any proceeding or appeal with respect thereto.

Extension of time for acceptance of proposal

(3) The corporation may extend the time for accepting a proposal by the corporation under subsection (1), either before or after the expiration of the time, where the corporation is satisfied that there are reasonable grounds for applying for the extension.

Extension of time for application to Ontario Court (General Division)

(4) The Ontario Court (General Division) may extend the time for applying to the Ontario Court (General Division) under subsection (1), either before or after the expiration of the time, where the Ontario Court (General Division) is satisfied that there are apparent grounds for making a determination in favour of the applicant following the hearing or the trial of the issue under subsection (1) and that there are reasonable grounds for applying for the extension, and the Ontario Court (General Division) may give such directions as it considers proper consequent upon the extension. R.S.O. 1990, c. E.19, s. 108.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 108 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Payment by Treasurer of Ontario

109. (1) Where, in accordance with this Part and the regulations, an applicant has accepted a proposal by the corporation or has applied to the Ontario Court (General Division) and it has been finally determined that the applicant is entitled to payment and the amount of the payment has been finally determined, the corporation shall certify to the Treasurer of Ontario in the form prescribed by the regulations the amount of the payment and the person to whom it is payable and, subject to subsection (2), the Treasurer shall pay such amount to the person out of the Consolidated Revenue Fund.

Limitation

(2) The Treasurer of Ontario shall make payments under subsection (1) only during such period of time and subject to such conditions as may be prescribed by the regulations. R.S.O. 1990, c. E.19, s. 109.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 109 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Recovery by corporation

110. (1) Where a payment is made in accordance with a certificate of the corporation, the corporation has the right on behalf of Her Majesty in right of Ontario to recover in the place of the person to whom the payment was made to the extent of the payment and any costs of the corporation.

Idem

(2) The corporation is entitled under subsection (1) to all rights of recovery whether under this Part or otherwise that the person has against any other person.

Right to recovery

(3) The payment of an amount to a person in accordance with a certificate of the corporation shall not be construed to affect the right of the person to compensation under this Part or otherwise at law.

Enforcement

(4) The right of the corporation to recover under subsection (1) may be enforced in a court of competent jurisdiction by the corporation in its name or in the name of the person to whom the payment has been made.

Right of insurer

(5) An insurer as defined in the Insurance Act only acquires its subrogated right of recovery under any law, including sections 152 and 278 of the Insurance Act, or the provisions of any contract of insurance in respect of a person to whom a payment has been made in accordance with a certificate of the corporation when the corporation gives its consent in writing to a settlement in accordance with which the right of recovery is released or to the bringing of an action to enforce the right of recovery.

Where consent not obtained

(6) If an insurer referred to in subsection (5) purports to make a settlement or brings an action without the consent of the corporation, the insurer is liable to the corporation in an amount equal to the amount of the payment made in accordance with the certificate of the corporation to the extent of the recovery under the judgment with respect to which the action was brought or the amount paid to the insurer in accordance with the settlement.

Effect of release

(7) A release in furtherance of or in accordance with a purported settlement made without the consent of the corporation is a nullity.

Withholding of consent

(8) The corporation shall not unreasonably withhold the consent referred to in subsections (5), (6) and (7) but the corporation may attach conditions to the consent and may revoke the consent for breach of such a condition.

Conflict

(9) This section applies despite any law or any contract of insurance. R.S.O. 1990, c. E.19, s. 110.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 110 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Environmental Compensation Corporation

111. (1) The Environmental Compensation Corporation is continued as a corporation without share capital under the name Environmental Compensation Corporation in English and Société d’indemnisation environnementale in French.

Appointment of directors

(2) The corporation shall be composed of not fewer than three directors who shall be appointed by the Lieutenant Governor in Council.

Term of office

(3) The term of office of a director of the corporation is three years or until a successor is appointed and a director is eligible for reappointment.

Chair

(4) The Lieutenant Governor in Council shall designate one of the directors as chair.

Quorum

(5) A majority of the directors of the corporation constitutes a quorum.

Conduct of business by less than quorum

(6) The chair may in writing authorize less than a quorum of the directors of the corporation to exercise the powers of the corporation in any matter specified by the chair. R.S.O. 1990, c. E.19, s. 111.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 111 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Management

112. (1) The affairs of the corporation are under the management of its directors.

By-laws

(2) The directors may make by-laws regulating the proceedings of the corporation, governing the exercise of its powers and generally for the conduct and management of the affairs of the corporation.

By-laws by Lieutenant Governor in Council

(3) Where the Minister requests in writing that the corporation make, amend or revoke a by-law and the corporation has failed to do so, the Lieutenant Governor in Council may make the by-law, amendment or revocation specified in the request. R.S.O. 1990, c. E.19, s. 112.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 112 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Powers

113. The powers of the corporation are,

(a) to receive and assess applications for payment in accordance with sections 102 to 120 and the regulations;

(b) to authorize payments in accordance with sections 102 to 120 and the regulations;

(c) to take action or commence proceedings in any case where the corporation is authorized to do so by or under any Act or law; and

(d) to carry out such other duties as may be prescribed by the regulations. R.S.O. 1990, c. E.19, s. 113.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 113 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Remuneration of directors

114. The corporation shall pay those of its directors who are not employees in the public service of the Province of Ontario such remuneration and expense allowance as may be fixed from time to time by the Lieutenant Governor in Council. R.S.O. 1990, c. E.19, s. 114.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 114 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Agency

115. (1) The corporation is an agency of the Crown.

Application of other Acts

(2) The Corporations Act and the Corporations Information Act do not apply to the corporation. R.S.O. 1990, c. E.19, s. 115.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 115 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Technical assistance

116. The corporation may engage on a temporary basis the services of persons having technical or specialized knowledge to advise and assist the corporation in performing its function and exercising its powers and, with the approval of the Lieutenant Governor in Council, the corporation may fix and pay the remuneration and expenses of such persons. R.S.O. 1990, c. E.19, s. 116.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 116 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Inspectors

117. (1) The corporation may appoint inspectors to make investigations in respect of spills of pollutants in order to assist the corporation in the performance of its function and the exercise of its powers and to carry out such additional duties as may be prescribed by the regulations.

Duties

(2) It is the duty of an inspector appointed by the corporation,

(a) to make investigations in respect of spills of pollutants in order to assist the corporation in assessing applications for payment received by the corporation;

(b) to make such other investigations in respect of spills of pollutants as may be necessary or advisable to assist the corporation to perform its function and to exercise its powers; and

(c) to carry out such additional duties as may be prescribed by the regulations. R.S.O. 1990, c. E.19, s. 117.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 117 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Matters confidential

118. (1) Except as to information in respect of a spill of a pollutant, every director and every employee of the corporation and every person engaged or appointed by the corporation shall preserve secrecy with respect to all matters that come to the person’s knowledge in the course of the person’s duties or employment under this Act and shall not communicate any such matter to any other person except,

(a) in connection with the administration of this Act and the regulations or in connection with any proceeding under this Act or the regulations;

(b) to the person’s counsel; or

(c) with the consent of the person to whom the information relates.

Testimony

(2) Except in a proceeding under this Act or the regulations, no person to whom subsection (1) applies shall be required to give testimony, other than testimony in respect of a spill of a pollutant, in any civil suit or proceeding with regard to information obtained by the person in the course of the person’s duties or employment. R.S.O. 1990, c. E.19, s. 118.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 118 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Application of s. 180

119. Section 180 (which provides protection from personal liability) applies to the directors and the employees of the corporation and to persons engaged or appointed by the corporation in the same manner as it applies to persons described in that section. R.S.O. 1990, c. E.19, s. 119.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 119 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Audit

120. The accounts and financial transactions of the corporation shall be audited annually by the Provincial Auditor, and reports of the audit shall be made to the corporation and to the Minister. R.S.O. 1990, c. E.19, s. 120.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 120 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Annual report

121. (1) The corporation shall make a report annually to the Minister upon the affairs of the corporation, and the Minister shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session.

Other reports

(2) The corporation, in addition to making an annual report, shall make to the Minister such other reports on its affairs and operations as the Minister may require. R.S.O. 1990, c. E.19, s. 121.

Note: No application for payment of a claim that is made to the Environmental Compensation Corporation after June 3, 1996 shall be processed and no payment shall be made pursuant to such an application. See: 1997, c. 7, s. 11.

Note: On a day to be named by proclamation of the Lieutenant Governor, section 121 is repealed by the Statutes of Ontario, 1997, chapter 7, section 2. See: 1997, c. 7, ss. 2, 12 (2).

Right of recourse

122. Except as expressly provided in this Part, nothing in this Part limits or restricts any right or remedy that any person may have against another person. R.S.O. 1990, c. E.19, s. 122.

Limitation of farmers’ liability

123. The liability under this Part of farmers who are owners of pollutants or persons having control of pollutants and who are members of a class prescribed by the regulations is limited to the amount prescribed by the regulations or the amount calculated in the manner prescribed by the regulations in respect of such farmers. R.S.O. 1990, c. E.19, s. 123.

PART XI
CONTROL ORDERS AND STOP ORDERS

Control orders

124. (1) The Director may, where he or she is authorized by this Act to issue a control order, order the person to whom it is directed to do any one or more of the following, namely,

(a) to limit or control the rate of discharge of the contaminant into the natural environment in accordance with the directions set out in the order;

(b) to stop the discharge of the contaminant into the natural environment,

(i) permanently,

(ii) for a specified period, or

(iii) in the circumstances set out in the order;

(c) to comply with any directions set out in the order relating to the manner in which the contaminant may be discharged into the natural environment;

(d) to comply with any directions set out in the order relating to the procedures to be followed in the control or elimination of the discharge of the contaminant into the natural environment;

(e) to install, replace or alter any equipment or thing designed to control or eliminate the addition, emission or discharge of the contaminant into the natural environment;

(f) to monitor and record, both in the manner specified in the order, the discharge into the natural environment of the contaminant specified in the order and to report thereon to the Director;

(g) to study and to report to the Director upon,

(i) measures to control the discharge into the natural environment of the contaminant specified in the order,

(ii) the effects of the discharge into the natural environment of the contaminant specified in the order,

(iii) the natural environment into which the contaminant specified in the order is being or is likely to be discharged; and

(h) to report to the Director in respect of fuel, materials and methods of production used and intended to be used, and the wastes that will or are likely to be generated.

Report to Director

(2) A person required under subsection (1) to study and to report to the Director on a matter shall report to the Director in the manner, at the times and with the information specified by the Director in the order. R.S.O. 1990, c. E.19, s. 124.

Compliance with control order

125. Subject to section 140, when a copy of a control order is served upon the person to whom it is directed, that person,

(a) shall comply with the order forthwith; or

(b) shall, if the order sets out a future date by which it is to be complied with, comply with the order on or not later than such future date. R.S.O. 1990, c. E.19, s. 125.

Further order

126. The Director may, by a further order, amend, vary or revoke a control order made under this Act and in each case shall cause a copy of the order to be served on the person to whom the order so amended, replaced or revoked was directed. R.S.O. 1990, c. E.19, s. 126.

Where Director proposes to issue control order

127. (1) Where the Director proposes to issue a control order, the Director shall serve notice of his or her intention, together with written reasons therefor and a copy of the report of the provincial officer or other person designated under this Act upon which the reasons are based, and shall not issue the control order until fifteen days after the service thereof.

Submissions to Director

(2) The person to whom the Director intends to issue the control order may make submissions to the Director at any time before the control order is issued. R.S.O. 1990, c. E.19, s. 127.

Content of stop order

128. The Director may, where he or she is authorized by this Act to issue a stop order, order the person to whom it is directed to immediately stop or cause the source of contaminant to stop discharging into the natural environment any contaminant either permanently or for a specific period of time. R.S.O. 1990, c. E.19, s. 128.

Form of stop order

129. A stop order shall be in writing and shall include written reasons for the order. R.S.O. 1990, c. E.19, s. 129.

Stop orders, compliance and revocation

Compliance

130. (1) When a copy of a stop order is served upon the person to whom it is directed, that person shall comply with the order immediately.

Revocation

(2) The Director may by a further order revoke a stop order and in such case shall cause a copy of the order to be served on the person to whom the stop order was directed. R.S.O. 1990, c. E.19, s. 130.

PART XII
FINANCIAL ASSURANCE

Definitions, Part XII

131. In this Part,

“approval” means program approval, certificate of approval or provisional certificate of approval, and includes a permit or approval issued by a Director under the Ontario Water Resources Act, but does not include an approval under Part X of this Act; (“autorisation”)

“bank” means a bank named in Schedule I or Schedule II to the Bank Act (Canada); (“banque”)

“environmental measures” means one or more of the measures set out in clauses 132 (1) (a) to (c) or 132 (1.1) (a) to (c); (“mesures d’ordre environnemental”)

“financial assurance” means one or more of,

(a) cash, in the amount specified in the approval, order or certificate of property use,

(b) a letter of credit from a bank, in the amount and terms specified in the approval, order or certificate of property use,

(c) negotiable securities issued or guaranteed by the Government of Ontario or the Government of Canada in the amount specified in the approval, order or certificate of property use,

(d) a personal bond accompanied by collateral security, each in the form, terms and amount specified in the approval, order or certificate of property use,

(e) the bond of an insurer licensed under the Insurance Act to write surety and fidelity insurance in the form, terms and amount specified in the approval, order or certificate of property use,

(f) a bond of a guarantor, other than an insurer referred to in clause (e), accompanied by collateral security, each in the form, terms and amount specified in the approval, order or certificate of property use,

(g) an agreement, in the form and terms specified in the approval, order or certificate of property use, and

(h) an agreement, in the form and terms prescribed by the regulations; (“garantie financière”)

“order” means an order by the Director under this Act, and includes an order, notice, direction, requirement or report made by a Director under the Ontario Water Resources Act, but does not include an order under section 136 (order for performance of environmental measures) of this Act; (“arrêté”)

“works” means an activity, facility, thing, undertaking or site in respect of which an approval or order is issued. (“travaux”) R.S.O. 1990, c. E.19, s. 131; 1993, c. 27,  Sched.; 1997, c. 19, s. 34; 2001, c. 17, s. 2 (6, 7).

Financial assurance

Approval or order

132. (1) The Director may include in an approval or order in respect of a works a requirement that the person to whom the approval is issued or the order is directed provide financial assurance to the Crown in right of Ontario for any one or more of,

(a) the performance of any action specified in the approval or order;

(b) the provision of alternate water supplies to replace those that the Director has reasonable and probable grounds to believe are or are likely to be contaminated or otherwise interfered with by the works to which the approval or order is related; and

(c) measures appropriate to prevent adverse effects upon and following the cessation or closing of the works. R.S.O. 1990, c. E.19, s. 132 (1).

Certificate of property use

(1.1) The Director may include in a certificate of property use a requirement that the person to whom the certificate is issued provide financial assurance to the Crown in right of Ontario for any one or more of,

(a) the performance of any action specified in the certificate of property use;

(b) the provision of alternate water supplies to replace those that the Director has reasonable and probable grounds to believe are or are likely to be contaminated or otherwise interfered with by a contaminant on, in or under the property to which the certificate of property use relates; and

(c) measures appropriate to prevent adverse effects in respect of the property to which the certificate of property use relates. 2001, c. 17, s. 2 (8).

Changes in amount of financial assurance

(2) A requirement under subsection (1) or (1.1) may provide that the financial assurance may be provided, reduced or released in stages specified in the approval, order or certificate of property use. 2001, c. 17, s. 2 (9).

Amendment of approval, order or certificate of property use

(3) The Director may amend an approval, order or certificate of property use to change a requirement as to financial assurance contained in the approval, order or certificate of property use. 2001, c. 17, s. 2 (9).

Failure to provide financial assurance

133. (1) Failure to provide financial assurance specified in an approval or in accordance with a stage specified in an approval is grounds for revocation of the approval and for an order in writing by the Director prohibiting or restricting the carrying on, operation or use of the works in respect of which the financial assurance is required. R.S.O. 1990, c. E.19, s. 133 (1).

Idem, order

(2) Failure to provide financial assurance specified in an order or in accordance with a stage specified in an order is grounds for an order in writing by the Director prohibiting or restricting the carrying on, operation or use of the works in respect of which the financial assurance is required. R.S.O. 1990, c. E.19, s. 133 (2).

Same, certificate of property use

(3) Failure to provide financial assurance specified in a certificate of property use or in accordance with a stage specified in a certificate of property use is grounds for an order in writing by the Director prohibiting or restricting the use of the property to which the certificate of property use relates. 2001, c. 17, s. 2 (10).

Return or release of financial assurance

134. (1) Upon request, part or all of the financial assurance given in respect of a works or certificate of property use may be returned or released pursuant to an order in writing by the Director. R.S.O. 1990, c. E.19, s. 134 (1); 2001, c. 17, s. 2 (11).

Grounds for order

(2) The Director may make an order mentioned in subsection (1) if satisfied that the financial assurance returned or released is not required in respect of the works or certificate of property use. R.S.O. 1990, c. E.19, s. 134 (2); 2001, c. 17, s. 2 (12).

Continuation of financial assurance

135. The Director may convert a financial assurance to cash to be held by the Crown to the same purposes as the financial assurance or otherwise realize the financial assurance unless the financial assurance is renewed at least thirty days before it would otherwise expire. R.S.O. 1990, c. E.19, s. 135.

Order for use of financial assurance

136. (1) In the circumstances set out in subsection (2), the Director by order may require the performance of environmental measures for which the Crown holds financial assurance and may require the use of the financial assurance for the performance of the environmental measures. R.S.O. 1990, c. E.19, s. 136 (1).

Basis for order

(2) The Director may make an order mentioned in subsection (1) if the Director has reasonable and probable ground to believe that any environmental measure required by the approval, order or certificate of property use in respect of which the financial assurance was given has not been or will not be carried out in accordance with the requirement. R.S.O. 1990, c. E.19, s. 136 (2); 2001, c. 17, s. 2 (13).

Parties affected

(3) An order under this section shall be directed to,

(a) the person to whom the approval, order or certificate of property use was issued or any other person who is bound by the approval, order or certificate of property use; and

(b) any person that to the knowledge of the Director has provided the financial assurance for or on behalf of a person referred to in clause (a), or any successor or assignee of a person that to the knowledge of the Director has provided the financial assurance for or on behalf of a person referred to in clause (a). 2001, c. 17, s. 2 (14).

Performance

(4) Upon the issuance of an order by the Director under subsection (1), the Crown may,

(a) use any cash;

(b) realize any bond or other form of security, and use the money derived therefrom; and

(c) enforce any agreement,

provided or obtained as the financial assurance for the performance of the environmental measures and may carry out the environmental measures. R.S.O. 1990, c. E.19, s. 136 (4).

PART XIII
APPEALS TO TRIBUNAL

137. Repealed: 2000, c. 26, Sched. F, s. 12 (8).

Notice to municipalities, certain orders and decisions

138. When the Director makes an order or decision under this Act of a class prescribed by the regulations, the Director shall serve notice of the order or decision, together with written reasons therefor, on the clerk of any local municipality in which there is land on which the order or decision requires something to be done, permits something to be done or prohibits something from being done. R.S.O. 1990, c. E.19, s. 138.

Notice of decisions, general

When Director refuses approval, etc.

139. (1) When the Director,

(a) refuses to give his or her approval of plans and specifications;

(b) requires a condition precedent to the giving of his or her approval;

(c) refuses to issue a certificate of approval or a provisional certificate of approval;

(d) refuses to renew a certificate of approval or a provisional certificate of approval;

(e) suspends or revokes a certificate of approval or a provisional certificate of approval; or

(f) issues a certificate of property use,

the Director shall serve notice upon the applicant or holder, as the case may be, together with written reasons therefor, and the applicant or holder may, by written notice served upon the Director and the Tribunal within fifteen days after the service of the notice, require a hearing by the Tribunal. R.S.O. 1990, c. E.19, s. 139 (1); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 17, s. 2 (15).

When Director refuses licence or permit

(2) When the Director,

(a) refuses to issue or renew or cancels or suspends a licence or permit;

(b) imposes terms and conditions in issuing a licence or permit or certificate of approval or provisional certificate of approval;

(c) alters the terms and conditions of a certificate of approval, provisional certificate of approval, certificate of property use, licence or permit after it is issued; or

(d) imposes new terms and conditions on a certificate of approval or certificate of property use,

the Director shall serve notice together with written reasons therefor upon the applicant or the person to whom the licence, permit, certificate of approval, provisional certificate of approval or certificate of property use is issued, as the case may be, and the applicant or person may, by written notice served upon the Director and the Tribunal within fifteen days after the service of the notice, require a hearing by the Tribunal. R.S.O. 1990, c. E.19, s. 139 (2); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 17, s. 2 (16, 17).

Exception

(3) Subsections (1) and (2) do not apply with respect to a decision of the Tribunal that is implemented by the Director in accordance with subsection 33 (4). R.S.O. 1990, c. E.19, s. 139 (3); 2000, c. 26, Sched. F, s. 12 (12).

Appeal of order

140. (1) A person to whom an order of the Director is directed may, by written notice served upon the Director and the Tribunal within fifteen days after service upon the person of a copy of the order, require a hearing by the Tribunal. R.S.O. 1990, c. E.19, s. 140 (1); 2000, c. 26, Sched. F, s. 12 (12).

Failure or refusal to issue, etc., order

(2) No failure or refusal to issue, amend, vary or revoke an order is an order. R.S.O. 1990, c. E.19, s. 140 (2).

Extension of time for requiring hearing

141. The Tribunal shall extend the time in which a person may give a notice under section 139 or 140 requiring a hearing on an order or decision where, in the Tribunal’s opinion, it is just to do so because service of the order or decision on the person did not give the person notice of the order or decision. R.S.O. 1990, c. E.19, s. 141; 2000, c. 26, Sched. F, s. 12 (12).

Contents of notice requiring hearing

142. (1) An applicant for a hearing by the Tribunal shall state in the notice requiring the hearing,

(a) the portions of the order, certificate of property use, direction, term, condition, suspension, revocation or licence or other form of permission in respect of which the hearing is required; and

(b) the grounds on which the applicant for the hearing intends to rely at the hearing. R.S.O. 1990, c. E.19, s. 142 (1); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 17, s. 2 (18).

Effect of contents of notice

(2) Except with leave of the Tribunal, at a hearing by the Tribunal an applicant is not entitled to appeal a portion of the order, certificate of property use, direction, term, condition, suspension, revocation or licence or other form of permission, or to rely on a ground, that is not stated in the applicant’s notice requiring the hearing. R.S.O. 1990, c. E.19, s. 142 (2); 2000, c. 26, Sched. F, s. 12 (12); 2001, c. 17, s. 2 (19).

Leave by Tribunal

(3) The Tribunal may grant the leave referred to in subsection (2) where the Tribunal is of the opinion that to do so is proper in the circumstances, and the Tribunal may give such directions as the Tribunal considers proper consequent upon the granting of the leave. R.S.O. 1990, c. E.19, s. 142 (3); 2000, c. 26, Sched. F, s. 12 (12).

No automatic stay on appeal

143. (1) The commencement of a proceeding before the Tribunal does not stay the operation of a decision or order made under this Act, other than an order to pay the costs of work made under section 150. R.S.O. 1990, c. E.19, s. 143 (1); 2000, c. 26, Sched. F, s. 12 (12).

Tribunal may grant stay

(2) The Tribunal may, on the application of a party to a proceeding before it, stay the operation of a decision or order, other than,

(a) an order to monitor, record and report; or

(b) an order issued under section 168.8, 168.14 or 168.20. 2001, c. 17, s. 2 (20).

When stay may not be granted

(3) The Tribunal shall not stay the operation of a decision or order if doing so would result in,

(a) danger to the health or safety of any person;

(b) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it; or

(c) injury or damage or serious risk of injury or damage to any property or to any plant or animal life. R.S.O. 1990, c. E.19, s. 143 (3); 2000, c. 26, Sched. F, s. 12 (12).

Right to apply to remove stay: new circumstances

(4) A party to a proceeding may apply for the removal of a stay if relevant circumstances have changed or have become known to the party since the stay was granted, and the Tribunal may grant the application. R.S.O. 1990, c. E.19, s. 143 (4); 2000, c. 26, Sched. F, s. 12 (12).

Right to apply to remove stay: new party

(5) A person who is made a party to a proceeding after a stay is granted may, at the time the person is made a party, apply for the removal of the stay, and the Tribunal may grant the application. R.S.O. 1990, c. E.19, s. 143 (5); 2000, c. 26, Sched. F, s. 12 (12).

Removal of stay by Tribunal

(6) The Tribunal, on the application of a party under subsection (4) or (5), shall remove a stay if failure to do so would have one or more of the results mentioned in clauses (3) (a) to (c). R.S.O. 1990, c. E.19, s. 143 (6); 2000, c. 26, Sched. F, s. 12 (12).

Tribunal powers and appeals from Tribunal decisions

Powers of Tribunal

144. (1) A hearing by the Tribunal shall be a new hearing and the Tribunal may confirm, alter or revoke the action of the Director that is the subject-matter of the hearing and may by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations, and, for such purposes, the Tribunal may substitute its opinion for that of the Director. R.S.O. 1990, c. E.19, s. 144 (1); 2000, c. 26, Sched. F, s. 12 (12).

Appeal to court

(2) Any party to a hearing before the Tribunal under this section may appeal from its decision or order on a question of law to the Divisional Court in accordance with the rules of court. R.S.O. 1990, c. E.19, s. 144 (2); 2000, c. 26, Sched. F, s. 12 (12).

Appeal to Minister

(3) A party to a hearing before the Tribunal may, within thirty days after receipt of the decision of the Tribunal or within thirty days after final disposition of an appeal, if any, under subsection (2), appeal in writing to the Minister on any matter other than a question of law and the Minister shall confirm, alter or revoke the decision of the Tribunal as to the matter in appeal as the Minister considers in the public interest. R.S.O. 1990, c. E.19, s. 144 (3); 2000, c. 26, Sched. F, s. 12 (12).

Decision of Tribunal not automatically stayed on appeal

(4) An appeal of a decision of the Tribunal to the Divisional Court or to the Minister does not stay the operation of the decision, unless the Tribunal orders otherwise. R.S.O. 1990, c. E.19, s. 144 (4); 2000, c. 26, Sched. F, s. 12 (12).

Divisional Court or Minister may grant or set aside stay

(5) Where a decision of the Tribunal is appealed to the Divisional Court or to the Minister, the Divisional Court or the Minister may,

(a) stay the operation of the decision; or

(b) set aside a stay ordered by the Tribunal under subsection (4). R.S.O. 1990, c. E.19, s. 144 (5); 2000, c. 26, Sched. F, s. 12 (12).

Parties to hearing

145. (1) The person requiring the hearing, the Director and any other person specified by the Tribunal are parties to the hearing. R.S.O. 1990, c. E.19, s. 145 (1); 2000, c. 26, Sched. F, s. 12 (12).

(2) Repealed: 2000, c. 26, Sched. F, s. 12 (9).

145.1 Repealed: 2000, c. 26, Sched. F, s. 12 (10).

PART XIV
WORK DONE BY MINISTRY

Minister may cause things to be done

146. Where an order or decision made under this Act is stayed, the Minister may cause to be done any thing required by the order or decision. R.S.O. 1990, c. E.19, s. 146.

Director may cause things to be done

147. (1) Where an order or decision made under this Act is not stayed, the Director may cause to be done any thing required by it if,

(a) a person required by the order or decision to do the thing,

(i) has refused to comply with or is not complying with the order or decision,

(ii) is not likely, in the Director’s opinion, to comply with the order or decision promptly,

(iii) is not likely, in the Director’s opinion, to carry out the order or decision competently, or

(iv) requests the assistance of the Director in complying with the order or decision;

(a.1) a receiver or trustee in bankruptcy is not required to do the thing because of subsection 19 (5) or 168.20 (7); or

(b) in the Director’s opinion, it would be in the public interest to do so. R.S.O. 1990, c. E.19, s. 147 (1); 2001, c. 17, s. 2 (21).

Notice of intent to cause things to be done

(2) The Director shall give notice of an intention to cause a thing to be done under subsection (1),

(a) to each person required by an order or decision made under this Act to do the thing; and

(b) if a receiver or trustee in bankruptcy is not required to do the thing because of subsection 19 (5) or 168.20 (7), to the receiver or trustee in bankruptcy. 2001, c. 17, s. 2 (22).

Idem

(3) A person who receives a notice under subsection (2) shall not do the thing referred to in the notice without the permission of the Director. R.S.O. 1990, c. E.19, s. 147 (3).

Person liable unknown: Director may cause things to be done

148. Where the Director is authorized by this Act to make a decision or order requiring a person to do a thing and the identity of the person cannot be ascertained, the Director may cause the thing to be done. R.S.O. 1990, c. E.19, s. 148.

Parts XV.1 and XV.2: Director may cause things to be done

148.1 (1) If, but for Part XV.1 or XV.2, the Minister, the Director or a provincial officer would be authorized by this Act to make an order requiring a person to do a thing, the Director may cause the thing to be done. 2001, c. 17, s. 2 (23).

Same

(2) Subsection (1) applies even if the Director is authorized to make an order requiring another person to do the thing. 2001, c. 17, s. 2 (23).

Powers of entry for ss. 146 to 148.1

Entry without judicial order

149. (1) A person who is responsible for doing a thing under section 146, 147, 148 or 148.1 may, for the purpose, enter on or into any land or place on or in which the thing is to be done and any adjacent land or place without an order if,

(a) the entry is made with the consent of an occupier or owner of the land or place; or

(b) the delay necessary to obtain an order under subsection (2) would result in,

(i) danger to the health or safety of any person,

(ii) impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it, or

(iii) injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 1998, c. 35, s. 13 (1); 2001, c. 17, s. 2 (24).

Order authorizing entry

(2) A justice who is satisfied on evidence under oath that there is reasonable ground to believe that entry on land or into or on a place is necessary for the purpose of doing a thing under section 146, 147, 148 or 148.1, may issue an order authorizing the person named in the order to make the entry and do the thing. 1998, c. 35, s. 13 (1); 2001, c. 17, s. 2 (25).

Execution and expiry of order

(3) An order issued under subsection (2) shall,

(a) specify the times, which may be 24 hours each day, during which the order may be carried out; and

(b) state when the order expires. 1998, c. 35, s. 13 (1).

Renewal

(4) Before or after the order expires, a justice may renew the order, for such additional periods as the justice considers necessary. 1998, c. 35, s. 13 (1).

Use of force

(5) A person authorized under clause (1) (b) or subsection (2) to enter land or a place for the purpose of doing a thing may call on police officers as necessary and may use force as necessary to make the entry and do the thing. R.S.O. 1990, c. E.19, s. 149 (5); 1998, c. 35, s. 13 (2).

Assistance

(6) A person named in an order issued under subsection (2) may call on any other persons he or she considers advisable to execute the order. R.S.O. 1990, c. E.19, s. 149 (6); 1998, c. 35, s. 13 (3).

Application without notice

(7) A justice may receive and consider an application for an order or renewal of an order under this section without notice to the owner or occupier of the land or place. 1998, c. 35, s. 13 (4).

Identification

(8) On the request of an owner or occupier of the land or place, a person who exercises a power conferred under subsection (1) or (2) shall identify himself or herself and shall explain the purpose of the entry. R.S.O. 1990, c. E.19, s. 149 (8); 1998, c. 35, s. 13 (5).

Order to pay

150. (1) The Director may issue an order to pay the costs of doing any thing caused to be done by the Minister or Director under this Act to any person required by an order or decision made under this Act to do the thing. R.S.O. 1990, c. E.19, s. 150 (1).

Idem

(2) If, after the Minister or Director causes any thing to be done under this Act, the Director ascertains the identity of a person to whom a decision or order requiring the thing to be done could have been issued under this Act, the Director may issue an order to pay the costs of doing the thing to that person. R.S.O. 1990, c. E.19, s. 150 (2).

Same

(2.1) If the Minister or Director has caused any thing to be done under this Act in circumstances where, pursuant to subsection 19 (5) or 168.20 (7) or a stay granted under Part I of the Bankruptcy and Insolvency Act (Canada), a receiver or trustee in bankruptcy was not required to do the thing, the Director may issue an order to the receiver or trustee in bankruptcy to pay the costs of doing the thing. 2001, c. 17, s. 2 (26).

Same

(2.2) If an order to pay the costs of doing a thing is issued under subsection (1), (2) or (2.1) to a receiver or trustee in bankruptcy, the receiver or trustee in bankruptcy is not personally liable for those costs unless the order or decision that required the thing to be done arose from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy or of a receiver representative or trustee in bankruptcy representative. 2001, c. 17, s. 2 (26).

Order to pay: contents

(3) An order under subsection (1), (2) or (2.1) to pay costs shall include,

(a) a description of things that the Minister or Director caused to be done under this Act;

(b) a detailed account of the costs incurred in doing the things; and

(c) a direction that the person to whom the order is issued pay the costs to the Minister of Finance. R.S.O. 1990, c. E.19, s. 150 (3); 2001, c. 9, Sched. G, s. 5 (22); 2001, c. 17, s. 2 (27).

Idem

(4) An order under subsection (2) to pay costs shall also include a brief statement of the circumstances giving rise to the decision to cause the things to be done. R.S.O. 1990, c. E.19, s. 150 (4).

Costs specified in order to pay may be increased by Tribunal

151. At a hearing by the Tribunal on an order to pay costs, the Director may, on reasonable notice to all parties, ask the Tribunal to amend the order by adding new items of cost or by increasing the amounts set out in the order. R.S.O. 1990, c. E.19, s. 151; 2000, c. 26, Sched. F, s. 12 (12).

What Tribunal may consider at hearing on subs. 150 (1) order to pay

152. (1) At a hearing by the Tribunal on an order under subsection 150 (1) to a person to pay the costs of doing things, the Tribunal shall consider only whether any of the costs specified in the order,

(a) do not relate to a thing that the person was required to do by an order or decision made under this Act, as amended by any Tribunal decision or on any appeal from a Tribunal decision; or

(b) are unreasonable having regard to what was done. R.S.O. 1990, c. E.19, s. 152; 2000, c. 26, Sched. F, s. 12 (12).

Same, receiver or trustee in bankruptcy

(2) For the purpose of subsection (1), if the order under subsection 150 (1) or (2.1) was issued to a receiver or trustee in bankruptcy,

(a) the receiver or trustee in bankruptcy shall be deemed to have been required to do any thing that was required to be done by the person whose property the receiver or trustee in bankruptcy holds or administers; and

(b) the receiver or trustee in bankruptcy shall be deemed to have been required to do a thing that, pursuant to subsection 19 (5) or 168.20 (7), the receiver or trustee in bankruptcy was not required to do. 2001, c. 17, s. 2 (28).

Order to pay may be enforced as judgment of the Superior Court of Justice

153. (1) An order to pay costs may be filed with a local registrar of the Superior Court of Justice and enforced as if it were an order of the court. R.S.O. 1990, c. E.19, s. 153 (1); 2001, c. 9, Sched. G, s. 5 (21).

Interest

(2) Section 129 of the Courts of Justice Act, applies in respect of an order filed with the Superior Court of Justice under subsection (1) and, for the purpose, the date of filing shall be deemed to be the date of the order. R.S.O. 1990, c. E.19, s. 153 (2); 2001, c. 9, Sched. G, s. 5 (21).

Collection of costs as tax lien

154. (1) For the purposes of subsections (2) and (8), a thing done as a result of activities or conditions on real property is a thing done in connection with that property, whether or not the work is done on that property. R.S.O. 1990, c. E.19, s. 154 (1).

Lien

(2) If an order to pay costs is directed to a person who owns real property in a local municipality, and the Director instructs the municipality to recover amounts specified in the order that relate to things done in connection with that property, the municipality shall have a lien on the property for those amounts and they shall have priority lien status, as described in section 1 of the Municipal Act, 2001, in respect of the property and shall be added by the treasurer of the municipality to the tax roll. 2002, c. 17, Sched. F, Table.

Same

(3) A lien created under subsection (2) in favour of a municipality is not an estate or interest of the Crown within the meaning of clause 379 (7) (b) of the Municipal Act, 2001. 2002, c. 17, Sched. F, Table.

Idem

(4) Subject to subsection (6), money collected in accordance with subsection (2), less the costs reasonably attributable to the collection, shall be paid by the municipality to the Minister of Finance. R.S.O. 1990, c. E.19, s. 154 (4); 2001, c. 9, Sched. G, s. 5 (22).

Interpretation

(5) In subsections (6) and (7),

“cancellation price” has the same meaning as in Part XI of the Municipal Act, 2001. 2002, c. 17, Sched. F, Table.

Proceeds of tax sale

(6) Where there is a sale of land under Part XI of the Municipal Act, 2001 and amounts are payable out of the proceeds to the Minister of Finance under this Act, the Fire Protection and Prevention Act, 1997 or the Ontario Water Resources Act, those amounts shall not be paid until after payment of all other amounts payable out of the proceeds in respect of the cancellation price of the land. R.S.O. 1990, c. E.19, s. 154 (6); 2001, c. 9, Sched. G, s. 5 (7); 2002, c. 17, Sched. F, Table.

Cancellation price

(7) Despite Part XI of the Municipal Act, 2001, the treasurer of a municipality may sell land under that Part for less than the cancellation price, so long as the land is not sold for less than what the cancellation price would have been but for this Act, the Fire Protection and Prevention Act, 1997 and the Ontario Water Resources Act, and the purchaser may be declared to be the successful purchaser under Part XI of the Municipal Act, 2001. 2002, c. 17, Sched. F, Table.

Idem, territory without municipal organization

(8) If an order to pay costs is directed to a person who owns real property in territory without municipal organization, and the Director instructs the Land Tax Collector appointed under the Provincial Land Tax Act to recover amounts specified in the order that relate to things done in connection with that property, the Crown shall have a lien on the property for those amounts and they shall be deemed to be taxes in respect of the property imposed under section 3 of the Provincial Land Tax Act and may be collected in the same way and with the same priorities as taxes under that Act. R.S.O. 1990, c. E.19, s. 154 (8).

Idem

(9) An instruction under subsection (2) or (8) shall state which of the amounts specified in the order to pay relate to things done in connection with the property. R.S.O. 1990, c. E.19, s. 154 (9).

Costs may be recovered from deposit or financial assurance

155. Where an order to pay costs is directed to a person who has given a deposit under section 35 or is in respect of works or property for which financial assurance is required under Part XII, the deposit or financial assurance may be used to recover amounts specified in the order to pay costs. 2001, c. 17, s. 2 (29).

PART XV
PROVINCIAL OFFICERS

Inspection by provincial officer

156. (1) For the administration of this Act or the regulations, a provincial officer may, without a warrant or court order, at any reasonable time and with any reasonable assistance, make inspections, including,

(a) entering any part of the natural environment to ascertain the extent, if any, to which contaminants have caused an adverse effect, the causes for any adverse effect, and how any adverse effect may be prevented, eliminated or ameliorated and the natural environment restored;

(b) entering any place in which the provincial officer reasonably believes can be found any waste to which Part V applies, any ozone depleting substance, as defined in section 56, or any other thing the dealing with which is governed or regulated under this Act;

(c) entering any place in or from which the provincial officer reasonably believes a contaminant is being, has been or may be discharged into the natural environment;

(d) entering any place that the provincial officer reasonably believes is likely to contain documents related to,

(i) an activity or undertaking that is, or is required to be, the subject of a permit, licence, approval, certificate of approval, provisional certificate of approval, certificate of property use, program approval, agreement, or order under this Act,

(ii) an activity or undertaking that is exempted by a regulation from any requirement to have a permit, licence, certificate of approval or provisional certificate of approval under this Act and that is regulated by the provisions of the regulation, or

(iii) the discharge of a contaminant into the natural environment;

(e) entering any place that the provincial officer reasonably believes,

(i) is, or is required to be, subject to or referred to in a permit, licence, approval, certificate of approval, provisional certificate of approval, certificate of property use, program approval, agreement, or order under this Act, or

(ii) is subject to or referred to in a regulation that provides for an exemption from any requirement to have a permit, licence, certificate of approval or provisional certificate of approval under this Act, where the regulation includes provisions that regulate the place;

(e.1) entering any property for which a record of site condition has been filed in the Environmental Site Registry established under section 168.3 for the purpose of sampling, testing or examining anything referred to in the record of site condition;

(f) entering any place where a motor, motor vehicle or beverage container regulated under this Act is stocked, displayed, sold or offered for sale, to carry out his or her duties under Part III or IX, as the case may be;

(g) entering any establishment for the repair of motors or motor vehicles, to carry out his or her duties under Part III;

(h) entering any ice shelter to carry out his or her duties under Part IV;

(i) entering any abandoned motor vehicle to carry out his or her duties under Part VII;

(j) entering any place where the provincial officer reasonably believes the permit and plates of a vehicle may be found, in order to seize them in accordance with section 48 or 49; and

(k) where a pollutant as defined in Part X is spilled and is likely to cause an adverse effect, entering any place for the purpose of carrying out any duty imposed or order or direction made or given under that Part. 1998, c. 35, s. 14 (1); 2001, c. 17, s. 2 (30-32).

Same

(2) During an inspection under subsection (1), the provincial officer may,

(a) make necessary excavations;

(b) require that any thing be operated, used or set in motion under conditions specified by the provincial officer;

(c) take samples for analysis;

(d) conduct tests or take measurements;

(e) examine, record or copy any document or data, in any form, by any method;

(f) record the condition of a place or the natural environment by means of photograph, video recording or other visual recording;

(g) require the production of any document or data, in any form, required to be kept under this Act and of any other document or data, in any form, related to the purposes of the inspection;

(h) remove from a place documents or data, in any form, produced under clause (g) for the purpose of making copies; and

(i) make reasonable inquiries of any person, orally or in writing. 1998, c. 35, s. 14 (2).

Limitation re records

(3) A record made under clause (2) (f) must be made in a manner that does not intercept any private communication and that accords with reasonable expectations of privacy. 1998, c. 35, s. 14 (2).

Limitation re removal of documents, data

(3.1) A provincial officer shall not remove documents or data under clause (2) (h) without giving a receipt for them and shall promptly return the documents or data to the person who produced them. 1998, c. 35, s. 14 (2).

Power to exclude persons

(4) A provincial officer who exercises the power set out in clause (2) (i) may exclude from the questioning any person except counsel for the individual being questioned. R.S.O. 1990, c. E.19, s. 156 (4); 1998, c. 35, s. 14 (3).

Entry to dwellings

(5) A person shall not exercise a power conferred by this Act to enter a room actually used as a dwelling without the consent of the occupier except under the authority of an order under section 158. R.S.O. 1990, c. E.19, s. 156 (5).

(6) Repealed: 1998, c. 35, s. 14 (4).

Power to inspect vehicle or vessel

156.1 (1) In this section,

“vehicle” includes a trailer or other equipment attached to the vehicle.

Requirement to stop

(2) For the administration of this Act or the regulations, a provincial officer may signal a vehicle or vessel to stop.

Same

(3) On the provincial officer’s signal to stop, the operator of the vehicle or vessel shall immediately come to a safe stop.

Same

(4) For the purposes of this section, a signal to stop includes,

(a) intermittent flashes of red light, in the case of a vehicle;

(b) intermittent flashes of blue light, in the case of a vessel; and

(c) a hand signal to stop by a provincial officer who is readily identifiable as a provincial officer.

Sign to report

(5) Where a clearly marked sign is posted indicating that a class of vehicles or vessels should report to a certain place in the vicinity of the sign, the operator of a vehicle or vessel that passes the sign and that falls within the class of vehicles or vessels indicated shall report forthwith to the place the sign directs.

Same

(6) Where the operator of a vehicle or vessel stops under subsection (3) or reports under subsection (5), the provincial officer may make any reasonable inquiries of the operator and the operator shall produce for inspection any documents related to the operation or ownership of the vehicle or vessel, including licenses, permits and any documents that are required to be kept by the law of any jurisdiction in relation to the carriage of any cargo or container.

Inspection powers

(7) Based on questioning or examination of documents conducted under subsection (6), the provincial officer may, without warrant or court order, inspect any means of containment that the provincial officer reasonably believes is being used for the handling or transportation of a thing the handling or transportation of which is governed or regulated under this Act, the Dangerous Goods Transportation Act or the Transportation of Dangerous Goods Act, 1992, (Canada).

Same

(8) As part of an inspection under subsection (7), the provincial officer may open or require the operator to open any cargo hold, container or other means of containment.

Same

(9) During an inspection conducted under subsection (6) or (7), the provincial officer may exercise such powers under subsection 156 (2) as are reasonably required for the administration of this Act or the regulations.

Same

(10) Subsections 156 (3), (3.1), (4) and (5) apply to the exercise of a power under subsection (9). 1998, c. 35, s. 15.

Power to administer other Acts

156.2 A provincial officer who exercises any power set out in section 156, 156.1, 160, 161 or 161.1 may, if the provincial officer is designated as such under the Nutrient Management Act, 2002, the Ontario Water Resources Act or the Pesticides Act, as the case may be, do anything authorized by,

(a) section 13, 14 or 23 of the Nutrient Management Act, 2002;

(b) section 15, 15.1, 19, 20 or 20.1 of the Ontario Water Resources Act; or

(c) section 19, 19.1, 22, 23 or 23.1 of the Pesticides Act. 2002, c. 4, s. 62 (3).

Identification

156.3 On request, a provincial officer who exercises a power under this Act shall identify himself or herself as a provincial officer either by the production of a copy of his or her designation or in some other manner and shall explain the purpose of the exercise of the power. 1998, c. 35, s. 15.

Entry, etc., may be prohibited

156.4 (1) A provincial officer may by order prohibit entry into all or part of any land or place or prohibit the use of, interference with, disruption of, or destruction of any thing in any of the following circumstances:

1. During an inspection under section 156, 156.1 or 158.

2. During a search under section 161.

3. During the time required for the provincial officer to obtain an order under section 158 of this Act or a warrant under section 158 of the Provincial Offences Act.

4. During a search carried out under a warrant issued under section 158 of the Provincial Offences Act.

Requirements for order

(2) An order under subsection (1) shall not be issued unless the provincial officer reasonably believes that,

(a) in the case of an order prohibiting entry, there is on the land or in the place a thing that will afford evidence of an offence under this Act;

(b) in the case of an order prohibiting the use of, interference with, disruption of, or destruction of a thing, the thing will afford evidence of an offence under this Act; or

(c) in the case of an order prohibiting entry or an order prohibiting the use of, interference with, disruption of, or destruction of a thing, there is a discharge or a likelihood of discharge of a contaminant into the natural environment from the land, place or thing and an adverse effect has resulted or is likely to result from the discharge.

Notice of order

(3) The provincial officer shall give notice of the order in the manner that he or she considers appropriate in the circumstances.

Contents of notice

(4) Notice of the order shall include an explanation of the rights provided by subsections (6) and (7).

Order not effective where no notice

(5) An order under subsection (1) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order.

Request for rescission

(6) A person aggrieved by the order may make an oral or written request to the Director to rescind it and may make oral or written submissions to the Director in support of the request.

Powers of Director

(7) The Director shall give prompt consideration to any request or submissions made under subsection (6) and may rescind the order.

Same

(8) For the purposes of subsection (7), the Director may substitute his or her own opinion for that of the provincial officer.

Same

(9) A Director who rescinds an order under subsection (7) shall give such directions to a provincial officer as the Director considers appropriate to bring the rescission to the attention of persons affected.

No stay

(10) A request for rescission of an order under subsection (1) does not stay the order, unless the Director orders otherwise in writing.

Duration of order

(11) An order under subsection (1) shall,

(a) subject to clause (b), be effective for the shorter of the length of time necessary to complete the inspection or search referred to in that subsection or a period not exceeding two days excluding holidays; or

(b) where the inspection or search referred to in subsection (1) is under an order under section 158 of this Act or under a warrant issued under section 158 of the Provincial Offences Act and a time limit for the inspection or search is specified in the order or warrant, be effective until the expiration of that time. 1998, c. 35, s. 15.

Order of justice prohibiting entry

156.5 (1) Where a justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground for believing that it is appropriate for the administration of this Act or the regulations or necessary to protect human health or safety or to protect property, the justice may issue an order prohibiting entry into all or part of any land or place or prohibiting the use of, interference with, disruption of, or destruction of any thing.

Same

(2) The prohibition under the justice’s order shall, subject to subsection (3), be for such period of time as is set out in the order.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order or the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed for any reason set out in subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

Notice of application

(5) An initial order under subsection (1) may be issued on application without notice.

Same

(6) A renewal order under subsection (4) may be issued on application made with such notice, if any, as is specified for the purpose under subsection (7).

Same

(7) In an order under subsection (1) or (4), a justice may specify notice requirements that must be met by a person applying for a renewal of the order or for a further renewal of the order, as the case may be.

Notice of order

(8) A provincial officer may give notice of an order under subsection (1) or (4) in the manner that he or she considers appropriate in the circumstances.

Order not effective where no notice

(9) An order under subsection (1) or (4) is not effective in any court proceeding against a person where the person satisfies the court that the person neither knew nor should have known of the order. 1998, c. 35, s. 15.

Securing of place, thing

156.6 Where an order under section 156.4 or 156.5 is in effect, a provincial officer may take measures to secure the land, place or thing to which the order relates by means of locks, gates, fences, security guards or such other means as the provincial officer deems necessary to prevent entry into the land or place or to prevent the use of, interference with, disruption of, or destruction of the thing. 1998, c. 35, s. 15.

Order by provincial officer: contraventions

157. (1) A provincial officer may issue an order to any person that the provincial officer reasonably believes is contravening or has contravened,

(a) a provision of this Act or the regulations;

(b) a provision of an order under this Act; or

(c) a term or condition of a certificate of approval, provisional certificate of approval, certificate of property use, licence or permit under this Act. 1998, c. 35, s. 16; 2001, c. 17, s. 2 (33).

Information to be included in order

(2) The order shall,

(a) specify the provision, term or condition that the provincial officer believes is being or has been contravened;

(b) briefly describe the nature and, where applicable, the location of the contravention; and

(c) state that a review of the order may be requested in accordance with section 157.3. 1998, c. 35, s. 16.

What order may require

(3) The order may require the person to whom it is directed to comply with any directions set out in the order within the time specified relating to,

(a) achieving compliance with the provision, term or condition;

(b) preventing the continuation or repetition of the contravention;

(c) securing, whether through locks, gates, fences, security guards or other means, any land, place or thing;

(d) where the contravention is related to the deposit of waste, removing the waste;

(e) where the contravention has injured, damaged or endangered animal life, plant life, human health or safety, or the natural environment or is likely to injure, damage or endanger animal life, plant life, human health or safety, or the natural environment,

(i) repairing the injury or damage,

(ii) preventing the injury or damage,

(iii) decreasing, eliminating or ameliorating the effects of the damage, and

(iv) restoring the natural environment;

(f) where the contravention has caused damage to or endangered or is likely to cause damage to or endanger existing water supplies, providing alternate water supplies;

(g) submitting a plan for achieving compliance with the provision, term or condition, including the engagement of contractors or consultants satisfactory to a provincial officer;

(h) submitting an application for a certificate of approval, provisional certificate of approval, licence or permit;

(i) monitoring and recording in relation to the natural environment and reporting on the monitoring and recording; and

(j) posting notice of the order. 1998, c. 35, s. 16.

Order by provincial officer re preventive measures

157.1 (1) A provincial officer may issue an order to any person who owns or who has management or control of an undertaking or property where the provincial officer reasonably believes that,

(a) the circumstances in respect of the undertaking or property conform to those specified in clause 18 (2) (a); and

(b) the requirements specified in the order are necessary or advisable for the reasons specified in clause 18 (2) (b).

Information to be included in order

(2) The order shall,

(a) briefly describe the reasons for the order and the circumstances on which the reasons are based; and

(b) state that a review of the order may be requested in accordance with section 157.3.

What the order may require

(3) The order may require the person to whom it is directed to comply with any directions specified under subsection (4), within the time specified.

Same

(4) The following directions may be specified in the order:

1. Any direction listed in subsection 18 (1).

2. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

Where order requires report

(5) Where the order requires a person to make a report, the report shall be made to a provincial officer. 1998, c. 35, s. 16.

Amendment or revocation of orders under ss. 157 and 157.1

157.2 (1) An order issued under section 157 or 157.1 may, by order, be amended or revoked by the provincial officer who issued it or by the Director.

Same

(2) A provincial officer or Director who amends or revokes an order shall give written notice of the amendment or revocation to the person to whom the order is directed. 1998, c. 35, s. 16.

Request for review, orders under ss. 157 to 157.2

157.3 (1) A person to whom an order under section 157, 157.1 or 157.2 is directed may, within seven days after being served with a copy of the order, request that the Director review the order. 1998, c. 35, s. 16.

Manner of making request

(2) The request may be made orally, with written confirmation served on the Director within the time specified in subsection (1), or in writing. 1998, c. 35, s. 16.

Contents of request for review

(3) A written request for review under subsection (1) or a written confirmation of an oral request under subsection (2) shall include,

(a) the portions of the order in respect of which the review is requested;

(b) any submissions that the applicant for the review wishes the Director to consider; and

(c) for the purpose of subsection (7), an address for service by mail or by electronic facsimile transmission or by such other means of service as the regulations may prescribe. 1998, c. 35, s. 16.

No automatic stay

(4) The request for review does not stay the order, unless the Director orders otherwise in writing. 1998, c. 35, s. 16.

Decision of Director

(5) A Director who receives a request for review may,

(a) revoke the order of the provincial officer; or

(b) by order directed to the person requesting the review, confirm or alter the order of the provincial officer. 1998, c. 35, s. 16.

Same

(6) For the purposes of subsection (5), the Director may substitute his or her own opinion for that of the provincial officer. 1998, c. 35, s. 16.

Notice of decision

(7) The Director shall serve the person requesting the review with a copy of,

(a) a decision to revoke the order of the provincial officer; or

(b) an order to confirm or amend the order of the provincial officer, together with reasons. 1998, c. 35, s. 16.

Automatic confirmation of order

(8) If, within seven days of receiving a written request for review or a written confirmation of an oral request for review, the Director does not make a decision under subsection (5) and give oral or written notice of the decision to the person requesting the review, the order in respect of which the review is sought shall be deemed to have been confirmed by order of the Director. 1998, c. 35, s. 16.

Same

(9) For the purpose of an appeal to the Tribunal, a confirming order deemed to have been made by the Director under subsection (8),

(a) shall be deemed to be directed to each person to whom the order of the provincial officer was directed; and

(b) shall be deemed to have been served, on each person to whom the order of the provincial officer was directed, at the expiry of the time period referred to in subsection (8). 1998, c. 35, s. 16; 2000, c. 26, Sched. F, s. 12 (12).

Entry or inspection order

158. (1) A justice may issue an order authorizing a provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 if the justice is satisfied, on evidence under oath by a provincial officer, that there is reasonable ground to believe that it is appropriate for the administration of this Act or the regulations for the provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 and that the provincial officer may not be able to effectively carry out his or her duties without an order under this section because,

(a) no occupier is present to grant access to a place that is locked or otherwise inaccessible;

(b) a person has prevented the provincial officer from doing anything set out in subsection 156 (1) or (2) or section 156.1;

(c) there is reasonable ground to believe that a person may prevent a provincial officer from doing anything set out in subsection 156 (1) or (2) or section 156.1;

(d) it is impractical, because of the remoteness of the place to be inspected or because of any other reason, for the provincial officer to obtain an order under this section without delay if access is denied; or

(e) there is reasonable ground to believe that an attempt by the provincial officer to do anything set out in subsection 156 (1) or (2) or section 156.1 without the order,

(i) might not achieve its purpose, or

(ii) might endanger human health or safety, property or the natural environment.

Same

(2) Subsections 156 (3), (3.1), (4) and (5) apply to an inspection under an order under this section.

Expiry

(3) Unless renewed, an order under this section expires on the earlier of the day specified for the purpose in the order and the day that is 30 days after the date on which the order is made.

Renewal

(4) An order under this section may be renewed in the circumstances in which an order may be made under subsection (1), before or after expiry, for one or more periods each of which is not more than 30 days.

When to be executed

(5) An order under this section shall be carried out between 6 a.m. and 9 p.m., unless the order otherwise authorizes.

Application without notice

(6) An order under this section may be issued or renewed on application without notice. 1998, c. 35, s. 17.

Samples and copies

159. A provincial officer may detain samples and copies obtained under section 156, 156.1 or 158 for any period and for any of the purposes of this Act and the regulations. R.S.O. 1990, c. E.19, s. 159; 1998, c. 35, s. 18.

Seizure during inspection

160. During an inspection under section 156, 156.1 or 158, a provincial officer may, without a warrant or court order, seize any thing that is produced to the provincial officer or that is in plain view, if,

(a) the provincial officer reasonably believes that the thing will afford evidence of an offence under this Act;

(b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence under this Act and that the seizure is necessary to prevent the continuation or repetition of the offence; or

(c) the thing is discharging or is likely to discharge a contaminant into the natural environment and an adverse effect has resulted or is likely to result from the discharge. 1998, c. 35, s. 19.

Warrantless search, exigent circumstances

161. (1) In this section,

“offence” means an offence under this Act related to,

(a) the discharge of a contaminant into the natural environment that causes or is likely to cause an adverse effect, or

(b) hazardous waste or hauled liquid industrial waste.

Search by provincial officer re actual pollution

(2) A provincial officer may, without a search warrant, search any place other than a room actually used as a dwelling if the provincial officer has reasonable ground to believe,

(a) that an offence has been committed;

(b) that there is in such place any thing that will afford evidence as to the commission of the offence; and

(c) that there are exigent circumstances that make it impractical to obtain a search warrant. R.S.O. 1990, c. E.19, s. 161 (1, 2).

Seizure during search

(3) During a search under subsection (2), a provincial officer may, without warrant or court order, seize any thing if,

(a) the provincial officer reasonably believes that the thing will afford evidence of an offence; or

(b) the provincial officer reasonably believes that the thing was used or is being used in connection with the commission of an offence and that the seizure is necessary to prevent the continuation or repetition of the offence. 1998, c. 35, s. 20.

(4) Repealed: 1998, c. 35, s. 20.

Detention or removal, things seized

161.1 (1) A provincial officer who seizes any thing under section 160 or 161 may remove the thing or may detain it in the place where it is seized.

Receipt

(2) Where possible, the provincial officer shall inform the person from whom a thing is seized under section 160 or 161 as to the reason for the seizure and shall give the person a receipt for the thing seized. 1998, c. 35, s. 21.

Report to justice, things seized

162. (1) A provincial officer who seizes any thing during an inspection or search under section 160 or 161 shall bring the thing seized before a justice or, if that is not reasonably possible, shall report the seizure to a justice. 1998, c. 35, s. 22.

Application of Provincial Offences Act

(2) Sections 159 and 160 of the Provincial Offences Act apply with necessary modifications in respect of a thing seized by a provincial officer during an inspection or search under section 160 or 161. R.S.O. 1990, c. E.19, s. 162 (2).

Disposition of things seized

162.1 (1) Where the Director believes that, given the nature of a thing seized under section 160 or 161, the thing may pose a risk to human health or safety or to property, the Director may direct the person having custody of the thing, to dispose of the thing in a manner satisfactory to the Director.

Disposition of seized perishables

(2) Where the person having custody of any thing seized under section 160 or 161 believes that the thing will rot, spoil or otherwise perish, the person may dispose of the thing.

Non-application of provision

(3) Section 162 does not apply to a thing disposed of in accordance with this section.

Forfeiture

(4) A thing disposed of in accordance with this section is forfeited to the Crown. 1998, c. 35, s. 23.

Notice of disposal of things seized

162.2 (1) Where a thing has been disposed of in accordance with section 162.1, the Director shall ensure that a provincial officer gives written notice of the seizure and disposal, within 15 days of the disposal,

(a) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized; and

(b) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner. 1998, c. 35, s. 23.

Contents of notice

(2) Notice under subsection (1) shall include,

(a) a description of the thing seized sufficient to enable it to be identified;

(b) the location at which the thing was seized;

(c) the date of the seizure and disposal;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure and disposal;

(f) a reference to the statutory provision authorizing the seizure and disposal; and

(g) a reference to the statutory provision permitting the person to apply to the Superior Court of Justice for relief against the forfeiture. 1998, c. 35, s. 23; 2001, c. 9, Sched. G, s. 5 (21).

Forfeiture may be ordered

162.3 (1) On the application of the Director, the Superior Court of Justice may order that a thing seized under section 160 or 161 or under a warrant issued under the Provincial Offences Act in connection with the commission or suspected commission of an offence under this Act be forfeited to the Crown. 1998, c. 35, s. 23; 2001, c. 9, Sched. G, s. 5 (21).

Where no order to be made

(2) No order shall be made under subsection (1) unless the court is satisfied that,

(a) the seizure was lawful; and

(b) no later than seven days before the hearing of the application, written notice was provided by a provincial officer,

(i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized,

(ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner. 1998, c. 35, s. 23.

Contents of notice

(3) Notice under subsection (2) shall include,

(a) a description of the thing seized sufficient to enable it to be identified;

(b) the location at which the thing was seized;

(c) the date of the seizure;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the Superior Court of Justice with respect to the issuance of an order under this section. 1998, c. 35, s. 23; 2001, c. 9, Sched. G, s. 5 (21).

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs. 1998, c. 35, s. 23.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under section 162.1 or this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. 1998, c. 35, s. 23; 2001, c. 9, Sched. G, s. 5 (21).

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 182.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 182.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed. 1998, c. 35, s. 23.

Use of force

163. A provincial officer may use such force as is reasonably necessary,

(a) to carry out an order or direction issued under Part X;

(b) to carry out a court order issued under this Part;

(c) to execute a warrant issued under the Provincial Offences Act; or

(d) to prevent the destruction of any thing that the provincial officer reasonably believes may afford evidence of an offence under this Act. 1998, c. 35, s. 24.

Order by justice, use of devices, etc.

163.1 (1) In this section,

“device” means a substance or tracking device that, when placed or installed in or on any place, land or thing, may be used to help ascertain, by electronic or other means, the origin, identity or location of anything.

Order may be issued

(2) On application without notice, a justice may issue an order in writing authorizing a provincial officer, subject to this section, to use any device, investigative technique or procedure or to do any thing described in the order if the justice is satisfied by evidence under oath that there are reasonable grounds to believe that an offence against this Act has been or will be committed and that information concerning the offence will be obtained through the use of the device, technique or procedure or the doing of the thing.

Limitation

(3) An order under this section shall not authorize the interception of any private communication.

Same

(4) No device, technique or procedure shall be used to intercept any private communication under an order issued under this section.

Terms and conditions of order

(5) An order issued under this section shall contain such terms and conditions as the justice considers advisable in the circumstances.

Activities under order

(6) An order issued under this section may authorize a provincial officer,

(a) to place, install, maintain or remove a device in or on any land, place or thing; and

(b) to monitor, or to have monitored, a device or information from a device placed or installed in or on any land, place or thing.

Duration of order

(7) An order issued under this section is valid for a period of 60 days or for such shorter period as may be specified in the order.

Further orders

(8) A justice may issue further orders under subsection (2). 1998, c. 35, s. 24.

Restoration of property

164. A provincial officer who makes or causes the making of an excavation in the course of his or her duties under this Act shall restore the property, so far as is reasonably possible, to the condition it was in before the excavation was made. R.S.O. 1990, c. E.19, s. 164.

Licence, etc., condition, permission to inspect

165. It is a condition of every licence, permit, certificate of approval, provisional certificate of approval or certificate of property use under this Act that the holder must forthwith on request permit provincial officers to carry out inspections authorized by section 156, 156.1 or 158 of this Act, section 13, 14 or 16 of the Nutrient Management Act, 2002, section 15, 15.1 or 17 of the Ontario Water Resources Act or section 19, 19.1 or 20 of the Pesticides Act of any place, other than any room actually used as a dwelling, to which the licence, permit, certificate of approval, provisional certificate of approval or certificate of property use relates. 1998, c. 35, s. 25; 2001, c. 17, s. 2 (34); 2002, c. 4, s. 62 (4).

Records

165.1 (1) Every person required by this Act or the regulations to retain a record shall make it available to a provincial officer for inspection upon his or her request. 1992, c. 1, s. 33.

Copies or extracts

(2) The provincial officer may, on giving a receipt, remove any record referred to in subsection (1) for the purpose of making copies or extracts and shall promptly return the record. 2001, c. 17, s. 2 (35).

Records in electronic form

(3) If a record is retained in electronic form, the provincial officer may require that a copy of it be provided to him or her on paper or in a machine-readable medium or both. 2001, c. 17, s. 2 (35).

Police assistance and motor vehicle inspections

Calling for assistance of member of police force

166. (1) Whenever a provincial officer is required or empowered by this Act or the regulations to do or direct the doing of anything, such provincial officer may take such steps and employ such assistance as is necessary to accomplish what is required, and may, when obstructed in so doing, call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required and it is the duty of every member of a police force to render such assistance. R.S.O. 1990, c. E.19, s. 166 (1).

Stop and inspect powers: motor vehicle emissions

(2) For the purpose of ascertaining whether a system or device installed on, attached to or incorporated in any motor vehicle to prevent or lessen the discharge of any emission is operating in compliance with this Act and the regulations, a provincial officer or a police officer may stop and inspect the motor vehicle.

Same

(3) An inspection under subsection (2) shall be limited to what is reasonably required to ascertain whether the system or device is operating in compliance with this Act and the regulations.

Same

(4) In an inspection under subsection (2), the provincial officer or police officer may,

(a) require the driver of the motor vehicle to submit the motor vehicle to such tests at such places and times as the provincial officer or police officer considers reasonable;

(b) require the driver of the motor vehicle to produce any documents, including licenses and permits, related to the operation or ownership of the motor vehicle; and

(c) require the driver of the motor vehicle to operate, use or set in motion the vehicle or any part of the vehicle, under the conditions specified by the provincial officer or police officer.

Police assistance

(5) Where a provincial officer considers it necessary or expedient to do so, he or she may call for the assistance of any member of the Ontario Provincial Police Force or the police force in the area where the assistance is required for an inspection under subsection (2), and it is the duty of every member of a police force to render the assistance. 1998, c. 35, s. 26.

167. Repealed: 1998, c. 35, s. 27.

Matters confidential

168. (1) Except as to information in respect of the deposit, addition, emission or discharge of a contaminant into the natural environment, every provincial officer shall preserve secrecy in respect of all matters that come to his or her knowledge in the course of any survey, examination, test or inquiry under this Act or the regulations and shall not communicate any such matters to any person except,

(a) as may be required in connection with the administration of this Act and the regulations or any proceeding under this Act or the regulations;

(b) to the provincial officer’s counsel; or

(c) with the consent of the person to whom the information relates.

Testimony in civil suit

(2) Except in a proceeding under this Act or the regulations, no provincial officer shall be required to give testimony, other than testimony in respect of the deposit, addition, emission or discharge of a contaminant into the natural environment, in any civil suit or proceeding with regard to information obtained by him or her in the course of any survey, examination, test or inquiry under this Act or the regulations. R.S.O. 1990, c. E.19, s. 168.

PART XV.1
RECORDS OF SITE CONDITION

Definitions, Part XV.I

168.1 In this Part,

“building” has the same meaning as in the Building Code Act, 1992; (“bâtiment”)

“construct” has the same meaning as in the Building Code Act, 1992; (“construire”)

“owner” includes a person prescribed by the regulations; (“propriétaire”)

“phase one environmental site assessment” means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the likelihood that one or more contaminants have affected all or part of the property; (“évaluation environnementale de site de phase I”)

“phase two environmental site assessment” means an assessment of property conducted in accordance with the regulations by or under the supervision of a qualified person to determine the location and concentration of one or more contaminants in the natural environment; (“évaluation environnementale de site de phase II”)

“qualified person” means a person who meets the qualifications prescribed by the regulations; (“personne compétente”)

“Registry” means the Environmental Site Registry; (“Registre”)

“risk assessment” means an assessment of risks prepared in accordance with the regulations by or under the supervision of a qualified person. (“évaluation des risques”) 2001, c. 17, s. 2 (36).

Interpretation, effect on cause of action

168.2 Except as provided in subsections 168.3 (3) and 168.9 (2), this Part shall not be construed as affecting any cause of action that a person would have in the absence of this Part. 2001, c. 17, s. 2 (36).

Environmental Site Registry

168.3 (1) The Director shall establish, maintain and operate a registry known in English as the Environmental Site Registry and in French as Registre environnemental des sites. 2001, c. 17, s. 2 (36).

Purposes

(2) The purposes of the Registry are:

1. To allow persons to file records of site condition for the purpose of this Part.

2. To facilitate public access to information contained in records of site condition that have been filed under this Part and to other information filed in accordance with this Act and the regulations.

3. Such other purposes as are prescribed. 2001, c. 17, s. 2 (36).

Protection from liability

(3) Despite subsection 180 (2), no action or other proceeding shall be commenced against the Crown in right of Ontario, a Crown employee within the meaning of the Public Service Act, a person or body to whom powers and duties of the Director are delegated under section 168.9 or an employee of a person or body to whom powers and duties of the Director are delegated under section 168.9 arising from any inaccuracy contained in a record of site condition that is filed in the Registry under this Act. 2001, c. 17, s. 2 (36).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 2001, chapter 17, subsection 2 (37) by adding the following section:

Prohibition on certain changes of use

168.3.1 (1) Subject to subsection (2), a person shall not,

(a) change the use of a property from industrial or commercial use to residential or parkland use;

(b) change the use of a property in a manner prescribed by the regulations; or

(c) construct a building if the building will be used in connection with a change of use that is prohibited by clause (a) or (b). 2001, c. 17, s. 2 (37).

Exception

(2) Subsection (1) does not apply if,

(a) a record of site condition has been filed in the Registry in respect of the property under section 168.4; and

(b) the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition is the use to which the property is changed under clause (1) (a) or (b). 2001, c. 17, s. 2 (37).

See: 2001, c. 17, ss. 2 (37), 8.

Filing record of site condition

168.4 (1) An owner of property may file a record of site condition in the Registry in respect of the property if all of the following criteria are satisfied:

1. A qualified person has certified in the record of site condition that a phase one environmental site assessment of the property has been conducted.

2. A qualified person has certified in the record of site condition that,

i. a phase two environmental site assessment of all or part of the property was conducted with respect to one or more contaminants, or

ii. as of the certification date, no phase two environmental site assessment is required by the regulations for any part of the property and, in the opinion of the qualified person, it is not necessary for any other reason to conduct a phase two environmental site assessment for any part of the property.

3. If a phase two environmental site assessment was conducted but for only part of the property, a qualified person has certified in the record of site condition that, as of the certification date,

i. no phase two environmental site assessment was required by the regulations for any other part of the property, and

ii. in the opinion of the qualified person, it was not necessary for any other reason to conduct a phase two environmental site assessment for any other part of the property.

4. If a phase two environmental site assessment was conducted for all or part of the property, a qualified person has certified in the record of site condition that,

i. as of the certification date, the property for which the phase two environmental site assessment was conducted meets,

A. the applicable full depth background site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person,

B. the applicable full depth generic site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, or

C. the applicable stratified site condition standards prescribed by the regulations for all contaminants prescribed by the regulations, except for those contaminants specified by the qualified person, and

ii. for each contaminant excepted by the qualified person from the certification under subparagraph i,

A. a risk assessment was prepared for the contaminant with respect to the property for which the phase two environmental site assessment was conducted,

B. the Director has accepted the risk assessment under clause 168.5 (1) (a), and

C. as of the certification date, the property for which the phase two environmental site assessment was conducted meets the standards specified in the risk assessment for the contaminant.

5. The record of site condition contains everything required by subsection (2) and has been completed in accordance with the regulations. 2001, c. 17, s. 2 (36).

Contents of record of site condition

(2) The person who files a record of site condition in respect of a property shall ensure that, in accordance with the regulations, the record contains the following:

1. A description of the property.

2. The name of the person filing the record of site condition and the names of any other owners of the property.

3. The type of property use for which the record is filed.

4. Which standards prescribed by the regulations were applied for the purpose of the record of site condition.

5. A description of any soil removals or other action taken to reduce the concentration of contaminants on, in or under the property.

6. For each contaminant for which sampling and analysis has been performed, the maximum known concentration of the contaminant on, in or under the property as of the certification date.

7. A statement indicating whether a certificate of property use has been issued in respect of the property.

8. A list of all reports relied on by qualified persons in making the certifications referred to in subsection (1).

9. Such other certifications, information and documents as are prescribed by the regulations. 2001, c. 17, s. 2 (36).

Acknowledgment of filing

(3) If a record of site condition is filed in the Registry under this section, the Director shall promptly give the person who filed the record of site condition a written acknowledgment in the form approved by the Minister. 2001, c. 17, s. 2 (36).

Date of filing

(4) A record of site condition that is filed in the Registry under this section shall be deemed to have been filed in the Registry on the date specified in the acknowledgment given under subsection (3). 2001, c. 17, s. 2 (36).

Retention of reports

(5) A qualified person who relied on a report in making a certification referred to in subsection (1) shall retain a copy of the report for the period prescribed by the regulations. 2001, c. 17, s. 2 (36).

Transition

(6) If, pursuant to the Ministry publication entitled “Guideline for Use at Contaminated Sites in Ontario”, originally dated June 1996 and later revised, a record of site condition in respect of a property was submitted to the Ministry before this section came into force, the owner of the property may, despite subsections (1) and (2), file the record of site condition in the Registry if both of the following criteria are satisfied:

1. The Ministry has acknowledged in writing receipt of the record of site condition.

2. The owner of the property files a notice in the Registry certifying that the requirements prescribed by the regulations have been complied with. 2001, c. 17, s. 2 (36).

Same

(7) If a record of site condition is filed in the Registry under subsection (6),

(a) the notice referred to in paragraph 2 of subsection (6) shall be deemed to be part of the record of site condition;

(b) the land use specified in the record of site condition shall be deemed to have been specified as the type of property use under paragraph 3 of subsection (2); and

(c) the record of site condition shall be deemed to contain,

(i) a certification under sub-subparagraph 4 i A of subsection (1), if the record of site condition indicates that a background assessment or restoration approach was used,

(ii) a certification under sub-subparagraph 4 i B of subsection (1), if the record of site condition indicates that a generic full depth assessment or restoration approach was used,

(iii) a certification under sub-subparagraph 4 i C of subsection (1), if the record of site condition indicates that a generic stratified assessment or restoration approach was used, or

(iv) a certification under subparagraph 4 ii of subsection (1), if the record of site condition indicates that a site specific risk assessment approach was used. 2001, c. 17, s. 2 (36).

Director’s response to risk assessment

168.5 (1) If an owner of property submits a risk assessment relating to a contaminant and the property to the Director, the Director shall, within the time prescribed by the regulations,

(a) give the person notice in writing that the Director accepts the risk assessment; or

(b) give the person notice in writing that the Director does not accept the risk assessment for reasons specified by the Director in the notice. 2001, c. 17, s. 2 (36).

Validity of decision

(2) A decision of the Director to accept or not accept a risk assessment is not invalid solely on the ground that the decision was not made within the time prescribed by the regulations. 2001, c. 17, s. 2 (36).

Certificate of property use

168.6 (1) If the Director accepts a risk assessment relating to a property, he or she may, when giving notice under clause 168.5 (1) (a), issue a certificate of property use to the owner of the property, requiring the owner to do any of the following things:

1. Take any action specified in the certificate that, in the Director’s opinion, is necessary to prevent, eliminate or ameliorate any adverse effect on the property, including installing any equipment, monitoring any contaminant or recording or reporting information for that purpose.

2. Refrain from using the property for any use specified in the certificate or from constructing any building specified in the certificate on the property. 2001, c. 17, s. 2 (36).

Restriction

(2) A certificate of property use shall not require an owner of property to take any action that would have the effect of reducing the concentration of a contaminant on, in or under the property to a level below the level that is required to meet the standards specified for the contaminant in the risk assessment. 2001, c. 17, s. 2 (36).

Revocation or amendment

(3) The Director may, on his or her own initiative or on application by the owner of the property in respect of which a certificate has been issued under subsection (1),

(a) alter any terms and conditions in the certificate or impose new terms and conditions; or

(b) revoke the certificate. 2001, c. 17, s. 2 (36).

Occupants

(4) If a certificate of property use contains a provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property,

(a) the owner of the property shall ensure that a copy of the provision is given to every occupant of the property;

(b) the provision applies, with necessary modifications, to every occupant of the property who receives a copy of the provision; and

(c) the owner of the property shall ensure that every occupant of the property complies with the provision. 2001, c. 17, s. 2 (36).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 168.6 is amended by the Statutes of Ontario, 2001, chapter 17, subsection 2 (38) by adding the following subsections:

Notice to prescribed persons

(5) If a certificate of property use is issued, altered or revoked under this section, the Director shall give notice of the certificate, alteration or revocation to the persons prescribed by the regulations. 2001, c. 17, s. 2 (38).

Prohibition on construction or use

(6) Despite any other Act, if a certificate of property use contains a provision requiring the owner of property to refrain from using the property for a specified use or from constructing a specified building on the property, no permit, licence, approval or other instrument shall be issued to any person, under any provision prescribed by the regulations, that would authorize the person to use the property for the specified use, to construct the specified building or to construct a building that will be used for the specified use. 2001, c. 17, s. 2 (38).

See: 2001, c. 17, ss. 2 (38), 8.

Consequences of filing record of site condition

168.7 (1) If a record of site condition is filed in the Registry in accordance with section 168.4, no order shall be issued to any of the following persons under section 7, 8, 12, 17, 18, 97, 157 or 157.1 in respect of a contaminant that was discharged into the natural environment before the certification date and was on, in or under the property as of the certification date:

1. The person who filed the record of site condition or a subsequent owner of the property.

2. A person who is in occupation of the property or who was in occupation of the property at any time after the record of site condition was filed.

3. A person who has charge, management or control of the property or who had charge, management or control of the property at any time after the record of site condition was filed.

4. A person who meets the requirements prescribed by the regulations and who, before the certification date,

i. owned the property,

ii. was in occupation of the property, or

iii. had charge, management or control of the property. 2001, c. 17, s. 2 (36).

False or misleading information

(2) Subsection (1) does not apply if the record of site condition contains false or misleading information. 2001, c. 17, s. 2 (36).

Contaminants that move to other property

(3) Subsection (1) does not apply if, after the certification date, any of the contaminant moved from the property to which the record of site condition relates to another property. 2001, c. 17, s. 2 (36).

Different use

(4) If the actual use of the property is different from the use specified under paragraph 3 of subsection 168.4 (2) in the record of site condition, subsection (1) does not apply to a person who causes or permits the actual use unless,

(a) the record of site condition did not contain any certification under subparagraph 4 ii of subsection 168.4 (1);

(b) all of the full depth background site condition standards that are applicable under the regulations to the actual use are less stringent than the full depth background site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i A of subsection 168.4 (1);

(c) all of the full depth generic site condition standards that are applicable under the regulations to the actual use are less stringent than the full depth generic site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i B of subsection 168.4 (1); and

(d) all of the stratified site condition standards that are applicable under the regulations to the actual use are less stringent than the stratified site condition standards that are applicable to the use specified in the record of site condition, if the record of site condition contained a certification under sub-subparagraph 4 i C of subsection 168.4 (1). 2001, c. 17, s. 2 (36).

Contravention of certificate of property use, etc.

(5) Despite subsection (1), an order may be issued under section 157 against a person who contravenes a term or condition of,

(a) a certificate of property use; or

(b) an order made under this Act in respect of risk management measures described in a record of site condition filed in the Registry under subsection 168.4 (6). 2001, c. 17, s. 2 (36).

Contravention of soil management or disposal regulations

(6) Despite subsection (1), an order may be issued under section 157 against a person who contravenes a provision of a regulation made under clause 176 (1) (g) or 176 (10) (m). 2001, c. 17, s. 2 (36).

Consent order

(7) Subsection (1) does not apply if the person to whom the order is issued consents in writing to the order. 2001, c. 17, s. 2 (36).

Emergencies relating to old contaminants

168.8 (1) If a record of site condition is filed in the Registry in accordance with section 168.4 with respect to a property, the Director may issue an order described in subsection (2) to the owner of the property if the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person. 2001, c. 17, s. 2 (36).

Scope of order

(2) An order under subsection (1) may only require the owner, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that there is no danger to the health or safety of any person. 2001, c. 17, s. 2 (36).

Same

(3) The directions referred to in subsection (2) may include the following:

1. A direction requiring the doing of anything mentioned in section 124.

2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies. 2001, c. 17, s. 2 (36).

Information to be included in order

(4) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based. 2001, c. 17, s. 2 (36).

Notice of order to be filed in Registry

(5) The Director shall file notice of an order under subsection (1) in the Registry in accordance with the regulations. 2001, c. 17, s. 2 (36).

Notice of compliance with order

(6) If the Director is satisfied that an order under subsection (1) has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations. 2001, c. 17, s. 2 (36).

Filing of new record of site condition

(7) If the Director is satisfied that an order under subsection (1) has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (6) does not apply until a new record of site condition is filed in accordance with section 168.4. 2001, c. 17, s. 2 (36).

Delegation agreement

168.9 (1) The Minister may enter into an agreement with an individual, partnership or corporation, delegating to the individual, partnership or corporation any of the Director’s powers and duties relating to the establishment, maintenance and operation of the Registry, including the Director’s duties under subsection 168.4 (3). 2001, c. 17, s. 2 (36).

Contents of agreement

(2) A delegation agreement shall contain any limitations, conditions and requirements applicable to the delegation and such other provisions as the Minister considers advisable in the public interest, including provisions,

(a) requiring that the delegate comply with applicable Ministry standards and policies, including standards and policies relating to quality assurance and audits;

(b) setting the financial terms of the delegation;

(c) requiring the delegate to obtain and maintain specified kinds and amounts of insurance;

(d) providing that the Minister may appoint persons to the board of directors of the delegate, if the delegate is a corporation without share capital;

(e) authorizing the delegate to carry on other activities unrelated to the delegated powers and duties. 2001, c. 17, s. 2 (36).

Regulation

(3) A delegation under a delegation agreement is not effective unless the Minister makes a regulation,

(a) prescribing the powers and duties that are to be delegated by the agreement; and

(b) specifying the individual, partnership or corporation to which the powers and duties are to be delegated. 2001, c. 17, s. 2 (36).

Revocation of delegation

(4) The Minister may by regulation revoke a delegation if, in the opinion of the Minister,

(a) the delegate has contravened or failed to comply with this Act or the regulations;

(b) the delegate has contravened or failed to comply with the delegation agreement; or

(c) it is in the public interest to do so. 2001, c. 17, s. 2 (36).

Effect of regulation

(5) The delegation is revoked by a regulation made under subsection (4) on the day specified in the regulation or, if no day is specified in the regulation, on the day the regulation comes into force. 2001, c. 17, s. 2 (36).

Notice

(6) The Minister may give the delegate such notice of the intention to make a regulation under subsection (4) as the Minister considers reasonable in the circumstances. 2001, c. 17, s. 2 (36).

Other remedies not affected

(7) The power to revoke a delegation is in addition to and does not bar or affect the Minister’s right to exercise any other remedy under the delegation agreement or at law. 2001, c. 17, s. 2 (36).

Obligations of delegate

(8) The delegate shall exercise and perform the powers and duties delegated to the delegate in accordance with the law and, in particular, in accordance with this Act, the regulation prescribing the delegated powers and duties and the delegation agreement. 2001, c. 17, s. 2 (36).

Minister may appoint directors

(9) If a delegation agreement with a corporation without share capital so provides, the Minister may appoint one or more persons to the board of directors of the delegate, as specified in the agreement, for such terms of office as the Minister considers appropriate. 2001, c. 17, s. 2 (36).

Remuneration, expenses of Ministerial appointees

(10) The remuneration and expenses of the directors appointed by the Minister shall be the responsibility of the delegate. 2001, c. 17, s. 2 (36).

Delegate not a Crown agency

(11) A delegate is not an agent of Her Majesty for any purpose, despite the Crown Agency Act, and shall not hold itself out as such. 2001, c. 17, s. 2 (36).

Crown not liable for delegate’s acts

(12) No action or other proceeding shall be instituted against the Crown, the Minister or any employee of the Ministry,

(a) for any act done in the execution or intended execution of a power or duty delegated under this section or for an alleged neglect or default in the execution of a power or duty delegated under this section; or

(b) for any tort committed by a delegate or an employee or agent of a delegate in relation to a power or duty delegated under this section. 2001, c. 17, s. 2 (36).

Annual report

(13) A delegate shall report annually to the Minister on its activities over the previous year with respect to the delegated powers and duties. 2001, c. 17, s. 2 (36).

Additional reports

(14) A delegate shall provide additional reports to the Minister as may be required by the delegation agreement or requested by the Minister. 2001, c. 17, s. 2 (36).

Regulations

(15) The Minister may make regulations,

(a) prescribing the powers and duties of the Director that are to be delegated under a delegation agreement;

(b) specifying the individual, partnership or corporation to whom such powers and duties are to be delegated;

(c) respecting any matter that the Minister considers advisable to carry out effectively the intent and purpose of this section. 2001, c. 17, s. 2 (36).

General or particular

(16) A regulation made under subsection (15) may be general or particular in its application. 2001, c. 17, s. 2 (36).

Definition

(17) In this section,

“delegation agreement” means an agreement under subsection (1). 2001, c. 17, s. 2 (36).

PART XV.2
SPECIAL PROVISIONS APPLICABLE TO MUNICIPALITIES, SECURED CREDITORS, RECEIVERS, TRUSTEES IN BANKRUPTCY, FIDUCIARIES AND PROPERTY INVESTIGATORS

Interpretation

Definitions, Part XV.2

168.10 In this Part,

“contaminant” means,

(a) a contaminant as defined in section 1, or

(b) waste as defined in Part V; (“contaminant”)

“fiduciary property” means property held or administered by a fiduciary in the capacity of fiduciary, or property in respect of which a fiduciary has powers or duties in the capacity of fiduciary; (“bien fiduciaire”)

“non-municipal property” means, with respect to a municipality, property that is not owned, leased or occupied by the municipality. (“bien non municipal”) 2001, c. 17, s. 2 (39).

Interpretation, effect on cause of action

168.11 This Part shall not be construed as affecting any cause of action that a person would have in the absence of this Part. 2001, c. 17, s. 2 (39).

Municipalities

Actions taken by municipalities

168.12 (1) A municipality or a municipal representative who takes an action described in subsection (2) is not, for that reason alone,

(a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(c) a person responsible for the purpose of section 12;

(d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1);

(e) a person who has or had charge and control of land, a building or waste for the purpose of section 43;

(f) an occupant or previous occupant of land or a building for the purpose of section 43;

(g) a person having control of a pollutant for the purpose of subsection 97 (1);

(h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or

(i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1). 2001, c. 17, s. 2 (39).

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to non-municipal property.

2. Any action taken for the purpose of preserving or protecting non-municipal property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means, or

iii. ensure that the property is insured under a contract of insurance.

3. Any action taken on non-municipal property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of a contaminant on, in or under the property,

ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a contaminant on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a contaminant on, in or under the property.

4. Any action taken with respect to non-municipal property to exercise a right under any Act to collect rent or levy by distress in relation to an unpaid amount.

5. Any action taken on non-municipal property under or for the purpose of Part XI of the Municipal Act, 2001.

6. Any action taken on non-municipal property under or for the purpose of the Building Code Act, 1992, the Fire Protection and Prevention Act, 1997 or an Act prescribed by the regulations.

7. Any other action prescribed by the regulations. 2001, c. 17, s. 2 (39); 2002, c. 17, Sched. C, s. 11 (1).

Ownership under Part XI of Municipal Act, 2001

168.13 (1) If a municipality becomes the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (4), issue any order under any provision of this Act to the municipality or a municipal representative with respect to the property unless the order arises from,

(a) the gross negligence or wilful misconduct of the municipality or municipal representative; or

(b) circumstances prescribed by the regulations. 2001, c. 17, s. 2 (39); 2002, c. 17, Sched. C, s. 11 (2).

Exception

(2) Subsection (1) does not apply to an order under paragraph 4, 5 or 6 of subsection 97 (1). 2001, c. 17, s. 2 (39).

Consent order

(3) Subsection (1) does not apply to an order issued with the written consent of the municipality or municipal representative. 2001, c. 17, s. 2 (39).

Time period

(4) Subsection (1) only applies to the municipality or municipal representative in respect of the period that begins on the day the municipality became the owner of the property by virtue of the registration of the notice of vesting and ends on the fifth anniversary of that day. 2001, c. 17, s. 2 (39).

Extension of period

(5) The Director may extend the period referred to in subsection (4), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 2 (39).

Exceptional circumstances, municipalities

168.14 (1) Despite section 168.13, the Director may issue an order described in subsection (3) to a municipality if the municipality has become the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 and the Director has reasonable grounds to believe that, as a result of the presence or discharge of a contaminant on, in or under the property, any of the following circumstances exist:

1. There is danger to the health or safety of any person.

2. There is impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it.

3. There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 2001, c. 17, s. 2 (39); 2002, c. 17, Sched. C, s. 11 (3).

Restriction if record of site condition

(2) If a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property, no order shall be issued under subsection (1) unless the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person. 2001, c. 17, s. 2 (39).

Scope of order

(3) An order under subsection (1) may only require the municipality, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

(a) none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property; or

(b) there is no danger to the health or safety of any person, if a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property. 2001, c. 17, s. 2 (39).

Same

(4) The directions referred to in subsection (3) may include the following:

1. A direction requiring the doing of anything mentioned in section 124.

2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies. 2001, c. 17, s. 2 (39).

Information to be included in order

(5) An order under subsection (1) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist. 2001, c. 17, s. 2 (39).

When notice of order filed in Registry

(6) The Director shall file notice of an order under subsection (1) in the Environmental Site Registry in accordance with the regulations if a record of site condition has been filed in the Registry under section 168.4 with respect to the property. 2001, c. 17, s. 2 (39).

Notice of compliance with order

(7) If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations. 2001, c. 17, s. 2 (39).

Filing of new record of site condition

(8) If notice of an order has been filed in the Registry under subsection (6) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (7) does not apply until a new record of site condition is filed in accordance with section 168.4. 2001, c. 17, s. 2 (39).

Notice of prescribed circumstances, municipalities

168.15 (1) If, in the course of or as a result of taking any action described in subsection 168.12 (2), a municipality or municipal representative becomes aware of circumstances prescribed by the regulations, the municipality shall give notice to a provincial officer in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39).

Same

(2) If a municipality became the owner of property by virtue of the registration of a notice of vesting under Part XI of the Municipal Act, 2001 and, during the period described in subsection 168.13 (4), the municipality or a municipal representative becomes aware of circumstances prescribed by the regulations, the municipality shall give notice to a provincial officer in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39); 2002, c. 17, Sched. C, s. 11 (4).

Reports of investigations of contaminants, municipalities

168.16 On the written request of the Director, a municipality shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the municipality and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property. 2001, c. 17, s. 2 (39).

Secured Creditors, Receivers and Trustees in Bankruptcy

Actions taken by secured creditors

168.17 (1) A secured creditor or a secured creditor representative who takes an action described in subsection (2) is not, for that reason alone,

(a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(c) a person responsible for the purpose of section 12;

(d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1);

(e) a person who has or had charge and control of land, a building or waste for the purpose of section 43;

(f) an occupant or previous occupant of land or a building for the purpose of section 43;

(g) a person having control of a pollutant for the purpose of subsection 97 (1);

(h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or

(i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1). 2001, c. 17, s. 2 (39).

Actions

(2) The actions referred to in subsection (1) are the following:

1. Any action taken for the purpose of conducting, completing or confirming an investigation relating to the secured property.

2. Any action taken for the purpose of preserving or protecting the secured property, including action to,

i. ensure the supply of water, sewage services, electricity, artificial or natural gas, steam, hot water, heat or maintenance,

ii. secure the property by means of locks, gates, fences, security guards or other means,

iii. ensure that the property is insured under a contract of insurance, or

iv. pay taxes due or collect rents owing with respect to the property.

3. Any action taken on the secured property for the purpose of responding to,

i. any danger to the health or safety of any person that results from the presence or discharge of a contaminant on, in or under the property,

ii. any impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it that results from the presence or discharge of a contaminant on, in or under the property, or

iii. any injury or damage or serious risk of injury or damage to any property or to any plant or animal life that results from the presence or discharge of a contaminant on, in or under the property.

4. Any other action prescribed by the regulations. 2001, c. 17, s. 2 (39).

Secured creditor becoming owner by foreclosure

168.18 (1) If a secured creditor becomes the owner of the secured property by virtue of a foreclosure, the Minister, the Director or a provincial officer shall not, in respect of the period described in subsection (3), issue any order under any provision of this Act to the secured creditor or a secured creditor representative with respect to the property unless the order arises from,

(a) the gross negligence or wilful misconduct of the secured creditor or secured creditor representative; or

(b) circumstances prescribed by the regulations. 2001, c. 17, s. 2 (39).

Consent order

(2) Subsection (1) does not apply to an order issued with the written consent of the secured creditor or secured creditor representative. 2001, c. 17, s. 2 (39).

Time period

(3) Subsection (1) only applies to the secured creditor or secured creditor representative in respect of the period that begins on the day the secured creditor became the owner of the property by virtue of a foreclosure and ends on the fifth anniversary of that day. 2001, c. 17, s. 2 (39).

Extension of period

(4) The Director may extend the period referred to in subsection (3), before or after it expires, on such terms and conditions as he or she considers appropriate. 2001, c. 17, s. 2 (39).

Receivers and trustees in bankruptcy

168.19 (1) The Minister, the Director or a provincial officer shall not issue any order under any provision of this Act to a receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative with respect to the property held or administered by the receiver or trustee in bankruptcy unless the order arises from,

(a) the gross negligence or wilful misconduct of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative; or

(b) circumstances prescribed by the regulations. 2001, c. 17, s. 2 (39).

Consent order

(2) Subsection (1) does not apply to an order issued with the written consent of the receiver, receiver representative, trustee in bankruptcy or trustee in bankruptcy representative. 2001, c. 17, s. 2 (39).

Exceptional circumstances, secured creditors, receivers and trustees in bankruptcy

Secured creditors

168.20 (1) Despite section 168.18, the Director may issue an order described in subsection (4) to a secured creditor who has become the owner of the secured property by virtue of a foreclosure if the Director has reasonable grounds to believe that, as a result of the presence or discharge of a contaminant on, in or under the property, any of the following circumstances exist:

1. There is danger to the health or safety of any person.

2. There is impairment or serious risk of impairment of the quality of the natural environment for any use that can be made of it.

3. There is injury or damage or serious risk of injury or damage to any property or to any plant or animal life. 2001, c. 17, s. 2 (39).

Receivers and trustees in bankruptcy

(2) Despite section 168.19, the Director may issue an order described in subsection (4) to a receiver or trustee in bankruptcy if the Director has reasonable grounds to believe that, as a result of the presence or discharge of a contaminant on, in or under the property held or administered by the receiver or trustee in bankruptcy, any of the circumstances listed in subsection (1) exist. 2001, c. 17, s. 2 (39).

Restriction if record of site condition

(3) If a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property, no order shall be issued under subsection (1) or (2) unless the Director has reasonable grounds to believe that, as a result of the presence of a contaminant that was on, in or under the property as of the certification date, there is danger to the health or safety of any person. 2001, c. 17, s. 2 (39).

Scope of order

(4) An order under subsection (1) or (2) may only require the secured creditor, receiver or trustee in bankruptcy, within such times as are specified in the order, to comply with such directions specified in the order as are reasonably necessary to ensure that,

(a) none of the circumstances listed in subsection (1) exist, if no record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property; or

(b) there is no danger to the health or safety of any person, if a record of site condition has been filed in the Environmental Site Registry under section 168.4 with respect to the property. 2001, c. 17, s. 2 (39).

Same

(5) The directions referred to in subsection (4) may include the following:

1. A direction requiring the doing of anything mentioned in section 124.

2. A direction requiring the removal or disposal of the contaminant or anything affected by the contaminant.

3. A direction to secure, by means of locks, gates, fences, security guards or other means, any land, place or thing.

4. If the presence or discharge of the contaminant has damaged or endangered or is likely to damage or endanger existing water supplies, a direction to provide alternate water supplies. 2001, c. 17, s. 2 (39).

Information to be included in order

(6) An order under subsection (1) or (2) shall briefly describe the reasons for the order and the circumstances on which the reasons are based, including the circumstances listed in subsection (1) that exist. 2001, c. 17, s. 2 (39).

Exception

(7) A receiver or trustee in bankruptcy is not required to comply with an order under subsection (2) if the order did not arise from the gross negligence or wilful misconduct of the receiver or trustee in bankruptcy, or of a receiver representative or trustee in bankruptcy representative, and,

(a) not later than 10 days after being served with the order, or within such longer period as may be specified by the Director in the order, the receiver or trustee in bankruptcy notifies the Director that they have abandoned, disposed of or otherwise released their interest in the property to which the order relates; or

(b) the order was stayed under Part I of the Bankruptcy and Insolvency Act (Canada) and the receiver or trustee in bankruptcy notified the Director, before the stay expired, that they abandoned, disposed of or otherwise released their interest in the property. 2001, c. 17, s. 2 (39).

Notice under subs. (7)

(8) Notice under clause (7) (a) or (b) must be given in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39).

When notice of order filed in Registry

(9) The Director shall file notice of an order under subsection (1) or (2) in the Environmental Site Registry in accordance with the regulations if a record of site condition has been filed in the Registry under section 168.4 with respect to the property. 2001, c. 17, s. 2 (39).

Notice of compliance with order

(10) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with, the Director shall file notice of the compliance in the Registry in accordance with the regulations. 2001, c. 17, s. 2 (39).

Filing of new record of site condition

(11) If notice of an order has been filed in the Registry under subsection (9) and the Director is satisfied that the order has been complied with but the Director is of the opinion that a certification contained in the record of site condition filed in the Registry does not accurately reflect the current state of the property, subsection (10) does not apply until a new record of site condition is filed in accordance with section 168.4. 2001, c. 17, s. 2 (39).

Notice of prescribed circumstances, secured creditors, receivers and trustees in bankruptcy

Secured creditors

168.21 (1) If, in the course of or as a result of taking any action described in subsection 168.17 (2), a secured creditor or secured creditor representative becomes aware of circumstances prescribed by the regulations, the secured creditor shall give notice to a provincial officer in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39).

Same

(2) If a secured creditor became the owner of the secured property by virtue of a foreclosure and, during the period described in subsection 168.18 (3), the secured creditor or a secured creditor representative becomes aware of circumstances prescribed by the regulations, the secured creditor shall give notice to a provincial officer in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39).

Receivers and trustees in bankruptcy

(3) If a receiver, trustee in bankruptcy, receiver representative or trustee in bankruptcy representative becomes aware, during the period that the receiver or trustee in bankruptcy holds or administers property, of circumstances prescribed by the regulations, the receiver or trustee in bankruptcy shall give notice to a provincial officer in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39).

Reports of investigations of contaminants, secured creditors, etc.

168.22 On the written request of the Director, a secured creditor, receiver or trustee in bankruptcy shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the secured creditor, receiver or trustee in bankruptcy and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property. 2001, c. 17, s. 2 (39).

Fiduciaries

Obligations of fiduciaries

168.23 If the Minister, the Director or a provincial officer issues an order under any provision of this Act to a fiduciary or fiduciary representative with respect to fiduciary property, the obligation of the fiduciary or fiduciary representative to incur costs to comply with the order is limited to the value of the assets they hold or administer on the date they are served with the order, less their reasonable costs of holding or administering the assets, unless the order arose from the gross negligence or wilful misconduct of the fiduciary or fiduciary representative. 2001, c. 17, s. 2 (39).

Notice of prescribed circumstances, fiduciaries

168.24 If, in the course of or as a result of exercising or performing the fiduciary’s powers or duties with respect to fiduciary property, a fiduciary or fiduciary representative becomes aware of circumstances prescribed by the regulations, the fiduciary shall give notice to a provincial officer in the manner prescribed by the regulations. 2001, c. 17, s. 2 (39).

Reports of investigations of contaminants, fiduciaries

168.25 On the written request of the Director, a fiduciary shall, within the time specified in the request, provide the Director with a copy of any report that is in the possession or control of the fiduciary and that was prepared in the course of or as a result of an investigation to determine whether a contaminant is present or is being discharged on, in or under property. 2001, c. 17, s. 2 (39).

Investigations of Property

Investigations of property

168.26 A person who conducts, completes or confirms an investigation in relation to property is not, for that reason alone,

(a) a person who is or was in occupation of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(b) a person who has or had the charge, management or control of a source of contaminant for the purpose of subsection 7 (1) or 8 (1);

(c) a person responsible for the purpose of section 12;

(d) a person who has or had management or control of an undertaking or property for the purpose of subsection 18 (1);

(e) a person who has or had charge and control of land, a building or waste for the purpose of section 43;

(f) an occupant or previous occupant of land or a building for the purpose of section 43;

(g) a person having control of a pollutant for the purpose of subsection 97 (1);

(h) a person having the charge, management or control of any real property or personal property for the purpose of subsection 97 (1); or

(i) a person who has management or control of an undertaking or property for the purpose of subsection 157.1 (1). 2001, c. 17, s. 2 (39).

PART XVI
ENVIRONMENTAL COUNCIL

Meaning of “Council”, Part XVI

169. In this Part,

“Council” means the Environmental Council. R.S.O. 1990, c. E.19, s. 169.

Environmental Council established

170. (1) A council to be known in English as the Environmental Council and in French as Conseil de l’environnement may be established and shall consist of not fewer than seven and not more than eleven persons appointed by the Lieutenant Governor in Council, each to hold office for a term of not more than three years.

Chair and vice-chair

(2) The Lieutenant Governor in Council may appoint one of the members of the Council as chair and another of the members as vice-chair.

Members

(3) The composition of the Council shall be such as to provide for competent and knowledgeable persons in matters relating to the natural environment.

Vacancies

(4) Vacancies in the membership of the Council may be filled by the Lieutenant Governor in Council.

Remuneration

(5) The members of the Council shall be paid such remuneration and expenses as the Lieutenant Governor in Council from time to time may determine. R.S.O. 1990, c. E.19, s. 170.

Duties of Council

171. The Council, through its chair, shall,

(a) advise the Minister as to the results of current research related to,

(i) pollution, and

(ii) the natural environment; and

(b) consider any matter affecting the quality of the environment which the Council or the Minister deems advisable and advise the Minister thereon through its chair. R.S.O. 1990, c. E.19, s. 171.

PART XVII
MISCELLANEOUS

Where contaminant causes damage to crops or livestock

172. (1) Where a person complains that a contaminant is causing or has caused injury or damage to livestock or to crops, trees or other vegetation which may result in economic loss to such person, the person may, within fourteen days after the injury or damage becomes apparent, request the Minister to conduct an investigation.

Request for investigation

(2) Upon receipt of a request, the Minister may cause an investigation to be made and a report prepared of the findings of the investigation.

Report of investigation

(3) A copy of the report shall be given to the claimant and to the person responsible for the source of contaminant alleged to be the cause of the injury or damage.

Right of person responsible to view damage, etc.

(4) The claimant shall permit the person responsible for such source of contaminant or the person’s agent to view the injury or damage and to remove samples and conduct tests and examinations as may be reasonably necessary to establish the cause of the injury or damage.

Board of negotiation

(5) A board of negotiation shall be established consisting of two or more members appointed by the Lieutenant Governor in Council, one of whom may be designated as chair.

Quorum

(6) Any two members of the board of negotiation constitutes a quorum and are sufficient to perform all the functions of the board on behalf of the board.

Place of sitting

(7) The board of negotiation may sit at any place in Ontario.

Notice of amount of claim

(8) If a claimant who has requested an investigation under subsection (1) desires to have his or her claim for injury or damage negotiated by the board of negotiation, the claimant shall notify the Minister and the person responsible for the source of contaminant alleged to be the cause of the injury or damage of the amount of the claimant’s claim within a reasonable time after the amount can be determined.

Notice of negotiation

(9) If the claimant and the person responsible are not able to settle the claim within thirty days after notice of the claim is given to the Minister under subsection (8), the claimant or the person responsible may serve notice of negotiation upon the other of them and upon the board of negotiation stating that he or she requires a settlement of the claim to be negotiated by the board of negotiation.

Negotiation procedures

(10) Upon receipt of a notice of negotiation, the board of negotiation shall assess the injury or damage in respect of which the claim is made and, upon reasonable notice to the claimant and to the person responsible, shall meet with them and, without prejudice to any subsequent procedure, proceed in a summary and informal manner to negotiate a settlement of the claim. R.S.O. 1990, c. E.19, s. 172.

Agreement by municipality

173. A municipality may enter into an agreement with the Minister under clause 4 (1) (j) and a municipality that enters into such an agreement has all the powers necessary to carry out the agreement. 1998, c. 35, s. 28.

Unjust dismissal, compliance with Act, etc.

174. (1) In this section,

“Board” means the Ontario Labour Relations Board. R.S.O. 1990, c. E.19, s. 174 (1).

Unjust dismissal

(2) No employer shall,

(a) dismiss an employee;

(b) discipline an employee;

(c) penalize an employee; or

(d) coerce or intimidate or attempt to coerce or intimidate an employee,

because the employee has complied or may comply with,

(e) the Environmental Assessment Act;

(f) the Environmental Protection Act;

(g) the Fisheries Act (Canada);

(g.1) the Nutrient Management Act, 2002;

(h) the Ontario Water Resources Act; or

(i) the Pesticides Act,

or a regulation under one of those Acts or an order, term or condition, certificate of approval, certificate of property use, licence, permit or direction under one of those Acts or because the employee has sought or may seek the enforcement of one of those Acts or a regulation under one of those Acts or has given or may give information to the Ministry or a provincial officer or has been or may be called upon to testify in a proceeding related to one of those Acts or a regulation under one of those Acts. R.S.O. 1990, c. E.19, s. 174 (2); 2001, c. 17, s. 2 (40); 2002, c. 4, s. 62 (5).

Complaint

(3) A person complaining of a contravention of subsection (2) may file the complaint in writing with the Board. R.S.O. 1990, c. E.19, s. 174 (3).

Where complaint referred to O.L.R.B.

(4) Where a complaint is filed in writing with the Board,

(a) the Board may authorize a labour relations officer to inquire into the complaint; or

(b) the Board may inquire into the complaint. R.S.O. 1990, c. E.19, s. 174 (4).

Labour relations officer

(5) A labour relations officer who is authorized to inquire into the complaint shall make an inquiry forthwith and shall endeavour to effect a settlement of the matter complained of and shall report the results of the inquiry and endeavours to the Board. R.S.O. 1990, c. E.19, s. 174 (5).

Where settlement not reached

(6) Where the labour relations officer is unable to effect a settlement of the matter complained of, the Board may inquire into the complaint. R.S.O. 1990, c. E.19, s. 174 (6).

Inquiry by O.L.R.B.

(7) Where the Board inquires into the complaint and is satisfied that an employer has contravened subsection (2), the Board shall determine what, if anything, the employer shall do or refrain from doing with respect thereto. R.S.O. 1990, c. E.19, s. 174 (7).

Determination

(8) A determination under subsection (7) may include, but is not limited to, one or more of,

(a) an order directing the employer to cease doing the act or acts complained of;

(b) an order directing the employer to rectify the act or acts complained of; or

(c) an order directing the employer to reinstate in employment the complainant, with or without compensation, or to compensate in lieu of hiring or reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer. R.S.O. 1990, c. E.19, s. 174 (8).

Application

(9) A determination by the Board under subsection (7) applies despite a provision of an agreement. R.S.O. 1990, c. E.19, s. 174 (9).

Burden of proof

(10) On an inquiry under this section, the burden of proof that an employer did not contravene subsection (2) lies upon the employer. R.S.O. 1990, c. E.19, s. 174 (10).

Failure to comply

(11) Where there is a failure to comply with a term of the determination made under subsection (7), the complainant, after the expiration of fourteen days from the date of the release of the determination by the Board or from the date provided in the determination for compliance, whichever is later, may notify the Board in writing of the failure. R.S.O. 1990, c. E.19, s. 174 (11).

Filing of determination

(12) Where the Board receives notice in accordance with subsection (11), the Board shall file in the office of the local registrar of the Superior Court of Justice a copy of the determination, exclusive of the reasons therefor, if any, and the determination shall be entered in the same way as a judgment or order of the court and is enforceable as such. R.S.O. 1990, c. E.19, s. 174 (12); 2001, c. 9, Sched. G, s. 5 (21).

Compliance with settlement

(13) Where the matter complained of has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed, the settlement is binding and shall be complied with according to its terms, and a complaint that a settlement has not been complied with shall be deemed to be a complaint under subsection (3). R.S.O. 1990, c. E.19, s. 174 (13).

Application of Labour Relations Act

(14) The Labour Relations Act and the regulations under that Act apply with necessary modifications in respect of a proceeding under subsections (2) to (13). R.S.O. 1990, c. E.19, s. 174 (14).

Act performed on behalf of employer

(15) For the purposes of subsections (2) to (14), an act mentioned in subsection (2) that is performed on behalf of an employer shall be deemed to be the act of the employer. R.S.O. 1990, c. E.19, s. 174 (15).

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1998, chapter 35, section 29 by adding the following section:

Electronic signature

174.1 (1) Despite any requirement under this Act, for the purposes of anything done under this Act, a document may be prepared and signed by electronic means in an electronic format and may be filed by direct electronic transmission, if the preparation, signature and filing are in accordance with the regulations. 1998, c. 35, s. 29.

Deemed filing

(2) A printed copy of a document filed under subsection (1) shall be deemed to have been filed as the original document if it is printed in accordance with the regulations. 1998, c. 35, s. 29.

See: 1998, c. 35, ss. 29, 104.

Evidence of documents

175. (1) In this section,

“official document” means,

(a) an approval, consent, licence, notice, permit, order, return or certificate of approval, certificate of property use or other certificate under this Act or the regulations,

(b) a certificate as to service of a document mentioned in clause (a),

(c) a certificate or report as to the analysis, description, ingredients, quality, quantity or temperature of any solid, liquid or gas or any combination of any of them,

(d) a certificate or report as to the analysis, description, quality or quantity of any odour, heat, sound, vibration, radiation or any combination of any of them,

(e) a certificate or report as to the custody of any solid, liquid or gas or any combination of any of them,

(f) a certificate as to the custody of any book, record or report or as to the custody of any other document, or

(g) a certificate as to whether or not any document or notification was received or issued by the Minister or the Ministry under this Act or the regulations. R.S.O. 1990, c. E.19, s. 175 (1); 2001, c. 17, s. 2 (41).

Official documents as evidence

(2) An official document, other than an official document mentioned in clause (1) (c) or (d), that purports to be signed by the Minister, the Director or an employee in the Ministry shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. R.S.O. 1990, c. E.19, s. 175 (2).

Idem

(3) An official document mentioned in clause (1) (c), (d) or (e) that purports to be signed by an analyst shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or position of the person appearing to have signed the official document. R.S.O. 1990, c. E.19, s. 175 (3).

Regulations, general

175.1 The Lieutenant Governor in Council may make regulations,

(a) exempting any person, licence holder, insurer, industry, contaminant, source of contaminant, motor vehicle, motor, waste, waste disposal site, waste management system, activity, area, location, matter, substance, sewage system, product, material, beverage, packaging, container, discharge, spill, pollutant or thing from any provision of this Act and the regulations and prescribing conditions for the exemptions from this Act and the regulations;

(b) prohibiting, regulating or controlling, (including prescribing conditions for the prohibition, regulation or control) the making, use, sale, display, advertising, transfer, transportation, operation, maintenance, storage, recycling, disposal, or discharge, or manner thereof, of any contaminant, source of contaminant, motor vehicle, motor, waste, waste disposal site, waste management system, activity, area, location, matter, substance, sewage system, product, material, beverage, packaging, container, discharge, spill, pollutant or thing;

(c) governing and requiring the payment of fees to the Crown or to any other person or body specified by the regulations, including prescribing the amounts or the method of calculating the amounts of the fees, and governing the procedure for the payment,

(i) in respect of a certificate of approval, provisional certificate of approval, permit, licence or renewal of licence, examination, inspection or certification,

(ii) in respect of any registration or record required by this Act or the regulations,

(iii) in respect of an activity pursuant to a provision of a regulation that exempts a person from the requirement to obtain a certificate of approval, provisional certificate of approval or permit, or

(iv) in respect of the supply of information, services, or copies of documents, maps, plans, recordings or drawings;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (c) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (9). See: 2001, c. 9, Sched. G, ss. 5 (9), 8 (2).

(d) providing for the retention by a person or body specified by the regulations of all or part of the fees paid, under this Act, to the person or body;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (d) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (9). See: 2001, c. 9, Sched. G, ss. 5 (9), 8 (2).

(e) providing for refunds of fees paid under this Act to the Crown or to a person or body specified by the regulations;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (e) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (9). See: 2001, c. 9, Sched. G, ss. 5 (9), 8 (2).

(f) providing for the issue, renewal, suspension and revocation of certificates of approval, provisional certificates of approval, certificates of property use, permits and licences, and prescribing conditions for the issuing, renewing, suspending and revoking;

(g) defining the desirable quality criteria of the natural environment;

(h) prescribing documents or data required to be created, stored and submitted by any person and the methods of creating, storing and submitting the documents and data;

(h.1) prescribing the location at which documents or data must be created or stored;

(h.2) providing for the inspection and examination of documents and data;

(h.3) providing for the preparation and signing of documents by electronic means, the filing of documents by direct electronic transmission and the printing of documents filed by direct electronic transmission;

(i) providing for forms and their use;

(j) providing for the method of service of any document given or served under this Act;

(j.1) deeming a person to be a person involved in carrying out a program of the Ministry for the purpose of subsection 184 (2);

(k) designating any matter required to be designated or authorized by or referred to in this Act as designated;

(l) prescribing any matter required to be prescribed or authorized by or referred to in this Act as prescribed. 1997, c. 7, s. 3; 1998, c. 35, s. 30; 2001, c. 9, Sched. G, s. 5 (10); 2001, c. 17, s. 2 (42).

Regulations, additional

176. (1) The Lieutenant Governor in Council may make regulations,

(a) Repealed: 1997, c. 7, s. 4 (1).

(b) requiring the persons responsible for sources of contaminants in a class of sources of contaminants to monitor, record and report to the Ministry or to the persons specified in the regulations on the sources of contaminants including, but not limited to, fuel, materials and methods of production used and intended to be used, the wastes and contaminants that will or are likely to be generated, the natural environment that may be affected by the discharge of the contaminants and the effects of the discharge of the contaminants, and to perform and report to the Ministry on research respecting methods of reducing or preventing the generation of wastes and contaminants from the sources of contaminants;

(c) Repealed: 1997, c. 7, s. 4 (1).

(d) Repealed: 1997, c. 7, s. 4 (1).

(e) prescribing maximum permissible amounts, concentrations or levels of any contaminant or combination of contaminants and any class of either of them;

(f) prescribing methods or standards, or both, for determining the amount, concentration or level of any contaminant, combination of contaminants or any class of either of them;

(g) governing the disposal of soil, rock or related material from property;

(h) governing the discharge of any contaminant and prescribing requirements for any plant, structure, equipment, apparatus, mechanism or thing that may discharge a contaminant or from which a contaminant may be discharged in relation to,

(i) planning, design, siting, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement, and

(ii) the discontinuance of the operation of any plant, structure, equipment, apparatus, mechanism or thing;

(h.1) governing the alteration or cessation of a process, rate of production or a rate or manner of discharge of contaminants into the natural environment;

(h.2) deeming a certificate of approval to exist in respect of any plant, structure, equipment, apparatus, mechanism, thing, process, rate of production or rate or manner of discharge of a contaminant to which subsection 9 (1) would apply but for an exemption from the requirement to obtain a certificate of approval set out in a regulation;

(i) classifying plants, structures and things, prescribing classes thereof that shall not be constructed, altered or modified unless the plans and specifications thereof are approved by the Director, and prescribing classes thereof for which the approval of the Director as to the plans and specifications is not required;

(j) prescribing the details that shall be set out in plans and specifications submitted to the Director for approval;

(k) prescribing the amounts of grants and loans and the terms and conditions of such grants and loans;

(l) prescribing the maximum permissible concentration or level in water of any contaminant either generally or with respect to any part of the water of Ontario specified in the regulations;

(m) prescribing methods for determining the concentration or level in water of any contaminant, either generally or with respect to any part of the water of Ontario specified in the regulations, for the purposes of the regulations;

(n) prescribing maximum permissible changes in temperatures of water, either generally or with respect to any part of the water of Ontario specified in the regulations;

(o) Repealed: 1997, c. 7, s. 4 (1).

(p) Repealed: 1997, c. 7, s. 4 (1).

(q) Repealed: 1997, c. 7, s. 4 (1).

(r) Repealed: 1997, c. 7, s. 4 (1).

(s) regulating the quality of fuels that may be used for heating, generating steam or electricity, industrial processes or incineration;

(t) requiring and regulating the storage, treatment and disposal of sewage in vessels and the equipment therefor, and prohibiting the use and installation of equipment for the storage, treatment or disposal of sewage in vessels unless the equipment and installation thereof conform to the regulations, and providing for and requiring the approval of the Director for any such equipment and prohibiting and regulating the discharge of sewage from such vessels;

(u) regulating and controlling, for the purpose of preventing or reducing the pollution of any water or places located on or adjacent to any water where moorings are provided for vessels or where any services are provided for vessels or the occupants thereof, and regulating and governing persons providing such moorings or services;

(v) defining sewage for the purposes of regulations made under clauses (t) and (u).

(w) Repealed: 1997, c. 7, s. 4 (1).

(x) Repealed: 1997, c. 7, s. 4 (1).

R.S.O. 1990, c. E.19, s. 176 (1); 1997, c. 7, s. 4 (1); 2001, c. 17, s. 2 (43).

Regulations relating to Part III

(2) The Lieutenant Governor in Council may make regulations relating to Part III,

(a) Repealed: 1997, c. 7, s. 4 (2).

(b) Repealed: 1997, c. 7, s. 4 (2).

(c) requiring motors or motor vehicles or any class or type of motor or motor vehicle to have installed thereon or incorporated therein one or more systems or devices to prevent or lessen the discharge of any contaminant into the natural environment, prescribing the standards and specifications of any such system or device, prescribing the standards of discharge of any contaminant into the natural environment with which any such system or device shall comply and providing for testing and inspection of any such system or device;

(d) prescribing the standards of emission into the natural environment of any contaminant or any by-product or product of combustion with which any motor or motor vehicle or any class or type of motor or motor vehicle shall comply and providing for the testing and inspection of any such motor, motor vehicle, class or type;

(e) regulating the quality of motor fuels and additives used or intended for use in motor fuels in Ontario;

(f) prescribing types of systems and types of devices for the purposes of subsections 22 (3) and (4). R.S.O. 1990, c. E.19, s. 176 (2); 1997, c. 7, s. 4 (2); 1998, c. 35, s. 31 (1, 2).

Regulations under clause (2) (d)

(2.1) A regulation under clause (2) (d) may prescribe standards of emission with reference to any criteria that the Lieutenant Governor in Council considers appropriate, including but not limited to standards prescribed with reference to the visibility or opacity of emissions. 1998, c. 35, s. 31 (3).

Regulations relating to Part IV

(3) The Lieutenant Governor in Council may make regulations relating to Part IV,

(a) Repealed: 1997, c. 7, s. 4 (3).

(b) providing for the issue of permits and identification plates for ice shelters and requiring and governing their use;

(c) regulating the placing, construction and standard of repair of ice shelters and requiring and regulating the storage, treatment and disposal of waste and requiring the approval of the Director for any equipment and things related thereto by any person or class of persons and prohibiting the placing, allowing to remain or use of an ice shelter contrary to or in a condition that is contrary to the regulations or without any equipment or facilities required by the regulations;

(d) prescribing the dates within which ice shelters may be placed, allowed to remain or used on or over the ice over any water. R.S.O. 1990, c. E.19, s. 176 (3); 1997, c. 7, s. 4 (3).

Regulations relating to Part V

(4) The Lieutenant Governor in Council may make regulations relating to Part V,

(a) Repealed: 1997, c. 7, s. 4 (4).

(b) Repealed: 1997, c. 7, s. 4 (4).

(c) Repealed: 1997, c. 7, s. 4 (4).

(d) governing the management of waste and prescribing requirements for waste management systems and waste disposal sites in relation to,

(i) planning, design, siting, buffer zones, public notification and consultation, establishment, insurance, facilities, staffing, operation, maintenance, monitoring, record-keeping, submission of reports to the Director and improvement,

(ii) the discontinuance of systems,

(iii) the closure of sites;

(e) governing the location of waste disposal sites and designating parts of Ontario in which no waste disposal sites shall be established or operated;

(f) prescribing the amounts and conditions of deposits and bonds and sureties for the purpose of section 35, and prescribing the terms and conditions upon which deposits may be returned under section 37;

(g) Repealed: 1997, c. 7, s. 4 (6).

(h) prescribing the form of application and the procedure to be followed in applying for any compensation under Part V;

(i) prescribing the rates of the fees for the disposal of any type of waste in a well that is a waste disposal site that shall be paid into the fund known in English as The Waste Well Disposal Security Fund and in French as Caisse de garantie des propriétaires de puits d’élimination des déchets;

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (i) is repealed by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (11). See: 2001, c. 9, Sched. G, ss. 5 (11), 8 (2).

(j) for the purpose of furthering the diversion of waste from final disposal, requiring municipalities and such other persons as may be specified in the regulation to establish such waste disposal sites or waste management systems as may be specified in the regulation;

(k) requiring the persons referred to in clause (j) to maintain, operate, improve, enlarge, alter, repair or replace the waste disposal sites or waste management systems in such manner as may be specified in the regulation;

(l) requiring municipalities and waste generators to conduct such studies in relation to waste management as may be specified in the regulation and requiring them to submit reports concerning the studies to the Director;

(m) requiring municipalities and waste generators to submit to the Director plans concerning waste management;

(n) prescribing plans concerning waste management;

(o) requiring municipalities and waste generators to seek any approval required for the plans referred to in clause (m) or (n) or required for the implementation of those plans and to implement the plans;

(p) requiring waste generators to achieve such objectives relating to waste management as are specified in the regulation;

(q) regulating, with respect to the diversion of waste from final disposal, the waste management activities of such owners of premises housing generators of waste or persons responsible for the management of those premises as are specified in the regulation;

(r) requiring persons referred to in clause (q) to prepare, implement and maintain a program under which such classes of waste as are specified in the regulation are kept separate in the manner specified in the regulation;

(s) deeming a certificate of approval to exist in respect of a waste management system or waste disposal site other than a site in respect of which subsection 30 (1) applies. R.S.O. 1990, c. E.19, s. 176 (4); 1992, c. 1, s. 34 (1, 2); 1997, c. 7, s. 4 (4-6).

Regulations relating to Part VI

(5) The Lieutenant Governor in Council may make regulations relating to Part VI,

(a) Repealed: 1997, c. 7, s. 4 (7).

(b) Repealed: 1997, c. 7, s. 4 (7).

(c) Repealed: 1997, c. 7, s. 4 (7).

(d) prescribing that designated industries devote a designated percentage of their budget to undertake research and development to develop substitutes for ozone depleting substances. R.S.O. 1990, c. E.19, s. 176 (5); 1997, c. 7, s. 4 (7).

(6) Repealed: 1997, c. 30, Sched. B, s. 23.

Regulations relating to Part IX

(7) The Lieutenant Governor in Council may make regulations relating to Part IX,

(a) defining standard, refillable, returnable, non-refillable or non-returnable in respect of containers and returnable or non-returnable in respect of packaging or defining any product for the purposes of the regulations;

(b) requiring payment of a deposit at the time of purchase of any material or any beverage packaged or contained in any class of packaging or container and regulating the amount, terms and conditions of deposits;

(b.1) requiring the payment of a deposit at the time of purchase of any material or any product, including any beverage, and regulating the amount, terms and conditions of deposits;

(c) requiring and regulating the stocking, display, sale, advertising or offering for sale of any product,

(i) in any class of container in relation to the stocking, display, sale, advertising or offering for sale of the product in any other class of container, or

(ii) only in a class of container that may be prescribed;

(d) prohibiting the sale, stocking, display, advertising or offering for sale in Ontario of any product in any class of container or in or by means of a vending machine;

(e) requiring and regulating the advertising or display of,

(i) the price of a product that is sold or offered for sale exclusive of the amount of any deposit payable on the purchase of the product,

(ii) the amount of any deposit payable on the purchase of a product,

(iii) the amount payable in return for any container,

(iii.1) the amount payable in return for any packaging or product,

(iv) copies of the regulations or portions of the regulations or a summary thereof in such form as may be prescribed by the regulations;

(f) requiring or authorizing the placement of a notice or mark on products, containers, packaging or labels on products, containers or packaging to indicate such matters of waste management or environmental concern as are specified in the regulation;

(f.1) requiring the placement of a notice or mark on products, containers, packaging or labels on products, containers or packaging respecting any payment to be made for their return;

(f.2) governing the size, form, content and position of the notice or mark referred to in clause (f) or (f.1);

(f.3) prohibiting the unauthorized use of a notice or mark referred to in clause (f);

(g) requiring and regulating the payment of an amount in return for any packaging or container, prescribing the amount to be paid and requiring and regulating the acceptance and collection of any packaging or container by such classes of persons as may be designated by the regulations;

(g.1) requiring and regulating the payment of an amount in return for any product, prescribing the amount to be paid and requiring and regulating the acceptance and collection of any product by such classes of persons as may be designated by the regulations;

(h) Repealed: 1997, c. 7, s. 4 (13).

(i) Repealed: 1997, c. 7, s. 4 (13).

(j) requiring, regulating and prohibiting the use, advertising, offering for sale or sale in Ontario of any packaging or container, or any material or combination of materials used as packaging or a container;

(k) providing a schedule for the regulation and the prohibition within five years of the use, offering for sale or sale in Ontario of non-refillable or non-returnable containers for any beverage;

(l) regulating or prohibiting the sale and use of disposable products and of products that pose waste management problems;

(l.1) requiring that disposable products and products that pose waste management problems be capable of being reused or recycled;

(m) requiring and governing the placing of receptacles to receive litter and governing the capacity, design and construction of such receptacles;

(n) prescribing the amounts of grants to persons to assist in the provision of receptacles to receive litter, and the terms and conditions of such grants;

(o) requiring persons who manufacture, package, offer for sale or sell a packaged product to examine the impact of the packaging on the waste management needs, activities and opportunities of other persons and governments and requiring them to submit reports concerning the examination to the Director;

(p) requiring persons who manufacture, package, offer for sale or sell a packaged product to conduct such examinations in relation to the packaging and waste management as may be specified in the regulation and requiring them to submit reports concerning the examinations to the Director;

(q) requiring persons who manufacture, package, offer for sale or sell a packaged product to submit to the Director waste management plans in relation to the packaging of the products they manufacture, package, offer for sale or sell or any waste generated by their activities;

(r) prescribing plans concerning waste management in relation to the packaging of packaged products;

(s) requiring persons who manufacture, package, offer for sale, sell or purchase a packaged product to implement the plans referred to in clauses (q) and (r);

(t) requiring persons who manufacture, package, offer for sale or sell a packaged product to achieve such waste management objectives in relation to the packaging of the products they manufacture, package, offer for sale or sell or any waste generated by their activities as are specified in the regulation;

(u) declaring a product to be a product that poses waste management problems. R.S.O. 1990, c. E.19, s. 176 (7); 1992, c. 1, s. 34 (3-16); 1997, c. 7, s. 4 (13).

Regulations relating to Part X

(8) The Lieutenant Governor in Council may make regulations relating to Part X,

(a) designating persons for the purposes of subsection 100 (1) and prescribing limitations that shall attach to any such designation;

(b) prescribing conditions that must be complied with by applicants for payment of compensation under subsection 101 (1) before payment of the compensation;

(c) prescribing conditions that shall attach to the payment of compensation under subsection 101 (1);

(d) designating discharges of pollutants and locations of discharges for the purposes of subsection 91 (2), but no discharge of pollutant or location of discharge shall be designated that is in accordance with an approval, licence, permit, order, certificate of property use or regulation under this Act or an approval, direction, notice, order, regulation or report under the Ontario Water Resources Act or a licence, order, permit or regulation under the Pesticides Act. R.S.O. 1990, c. E.19, s. 176 (8); 1997, c. 7, s. 4 (14, 15); 2001, c. 17, s. 2 (44).

Regulations relating to Part XII

(9) The Lieutenant Governor in Council may make regulations relating to Part XII prescribing requirements for financial assurance in respect of the classes of approvals, orders or certificates of property use specified in the regulations. R.S.O. 1990, c. E.19, s. 176 (9); 2001, c. 17, s. 2 (45).

Regulations relating to Part XV.1

(10) The Lieutenant Governor in Council may make regulations relating to Part XV.1,

(a) governing the establishment, operation and maintenance of the Registry, including the information that may be filed in the Registry and the Director’s powers and duties relating to the establishment, operation and maintenance of the Registry;

(b) governing the conduct of phase one environmental site assessments;

(c) prescribing circumstances in which phase two environmental site assessments are required;

(d) governing the conduct of phase two environmental site assessments;

(e) prescribing the qualifications of qualified persons, including requiring approval of qualified persons by a person or body specified in the regulations and governing the approval process, requiring the payment of fees in respect of any approval required by the regulations, governing the revocation or suspension of any approval required by the regulations, requiring qualified persons to carry insurance specified by the regulations and delegating to a person or body specified in the regulations any power to make regulations under this clause;

(f) governing the form, content and completion of records of site condition;

(g) governing the determination of the certification date applicable to a record of site condition;

(h) prescribing full depth background site condition standards, full depth generic site condition standards and stratified site condition standards for property, including standards related to maximum contaminant amounts, concentrations or levels;

(i) governing the determination of which full depth background site condition standards, full depth generic site condition standards or stratified site condition standards are applicable to a property;

(j) prescribing the methods to be used in determining whether property meets standards prescribed by the regulations or standards specified in a risk assessment;

(k) governing the preparation of risk assessments, the form and content of risk assessments, and procedures relating to the submission of risk assessments to the Director under subsection 168.5 (1);

(l) prescribing a dispute resolution system, including mediation and conciliation, that may be used in connection with risk assessments that are submitted to, but not accepted by, the Director under subsection 168.5 (1);

(m) governing the management of soil on property for which a record of site condition has been filed in the Registry, if the record of site condition contained a certification under sub-subparagraph 4 i C of subsection 168.4 (1) or subparagraph 4 ii of subsection 168.4 (1);

(n) governing the filing in the Registry of notices under section 168.8;

(o) defining any word or expression used in Part XV.1 that is not already defined;

(p) respecting any matter that the Lieutenant Governor in Council considers advisable to carry out effectively the intent and purpose of Part XV.1. 2001, c. 17, s. 2 (46).

Regulations, market-based approaches, etc.

176.1 The Lieutenant Governor in Council may make regulations,

(a) establishing programs and other measures for the use of economic and financial instruments and market-based approaches, including without being limited to emissions trading, for the purposes of maintaining or improving existing environmental standards, protecting the environment and achieving environmental quality goals in a cost effective manner;

(b) providing for or designating a body to administer the programs and other measures referred to in clause (a). 1998, c. 15, Sched. E, s. 10.

Regulations, general rules

177. (1) A regulation may be general or particular in its application, may be limited as to time or place or both and may exclude any place from the application of the regulation.

Classes

(2) A regulation may apply in respect of any class of activity, matter, person or thing.

Same

(3) A class under this Act or the regulations may be defined with respect to any attribute, quality or characteristic or combination thereof and may be defined to consist of or to include or exclude any specified member whether or not with the same attributes, qualities or characteristics.

Adoption of codes in regulations

(4) A regulation may adopt by reference, in whole or in part, with such changes as the Lieutenant Governor in Council considers necessary, any code, formula, standard, protocol or procedure, and may require compliance with any code, formula, standard, protocol or procedure so adopted.

Amendments to codes

(5) The power to adopt by reference and require compliance with a code, formula, standard, protocol or procedure in subsection (4) includes the power to adopt a code, formula, standard, protocol or procedure as it may be amended from time to time.

When effective

(6) The adoption of an amendment to a code, formula, standard, protocol or procedure that has been adopted by reference comes into effect upon the Ministry publishing notice of the amendment in The Ontario Gazette or in the registry under the Environmental Bill of Rights, 1993. 1997, c. 7, s. 5.

Bar of action

177.1 No action or other proceeding shall be brought against the Crown, the Minister or an employee or agent of the Crown because of anything arising out of or in relation to a matter carried on or purported to be carried on pursuant to a regulation that exempts a person from the requirement to obtain a licence, certificate of approval, provisional certificate of approval or permit. 1997, c. 7, s. 5.

178. Repealed: 2001, c. 25, s. 484 (2).

Conflict with other legislation

179. (1) Where a conflict appears between any provision of this Act or the regulations and any other Act or regulation in a matter related to the natural environment or a matter specifically dealt with in this Act or the regulations, the provision of this Act or the regulations shall prevail.

Idem

(2) Subsection (1) does not apply in respect of section 178 and the enactment of section 178 or a by-law pursuant to section 178 does not affect the validity of an Act that was in force immediately before the 8th day of October, 1975. R.S.O. 1990, c. E.19, s. 179.

Fees

179.1 The Minister may establish and require the payment of fees in respect of any matter under this Act, specify to whom the fees are paid, provide for the retention of all or part of the fees by the person to whom they are paid and provide for the refund of fees. 2001, c. 9, Sched. G, s. 5 (12).

Protection from personal liability, Ministry employees, etc.

180. (1) Except in the case of an application for judicial review or an action or proceeding that is specifically provided for with respect to a person referred to in this subsection in any Act or in a regulation under this or any other Act, no action or other proceeding for damages or otherwise shall be instituted against an employee of the Ministry, a member of the Tribunal or a Crown employee within the meaning of the Public Service Act who is a provincial officer or is acting under the direction of an employee of the Ministry, or such member or provincial officer for any act done in good faith in the execution or intended execution of any duty or authority under this Act or for any alleged neglect or default in the execution in good faith of any such duty or authority. R.S.O. 1990, c. E.19, s. 180 (1); 2000, c. 26, Sched. E, s. 3 (2); 2000, c. 26, Sched. F, s. 12 (11).

Crown not relieved of liability

(2) Subsection (1) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by an agent or servant of the Crown to which it would otherwise be subject and the Crown is liable under that Act for any such tort in a like manner as if subsection (1) had not been enacted. R.S.O. 1990, c. E.19, s. 180 (2).

Service on commercial drivers of offence notice or summons

181. (1) In this section,

“commercial motor vehicle” and “motor vehicle” have the same meanings as in the Highway Traffic Act; (“véhicule utilitaire”, “véhicule automobile”)

“offence notice or summons” means,

(a) an offence notice or summons under Part I of the Provincial Offences Act, or

(b) a summons under Part III of the Provincial Offences Act. (“avis d’infraction ou assignation”) R.S.O. 1990, c. E.19, s. 181 (1); 1998, c. 35, s. 32 (1).

Same

(2) Delivery of an offence notice or summons to the operator of a commercial motor vehicle in respect of an offence under this Act related to the use of the vehicle shall be deemed to be personal service of the offence notice or summons on the owner or lessee of the vehicle who is named in the offence notice or summons.

Employer

(3) Delivery of an offence notice or summons to the operator of a motor vehicle in respect of an offence under this Act related to the use of the vehicle in the course of the operator’s employment shall be deemed to be personal service of the offence notice or summons on the employer of the operator of the vehicle. R.S.O. 1990, c. E.19, s. 181 (2, 3).

(4) Repealed: 1998, c. 35, s. 32 (2).

Exception

(5) Subsection (2) does not apply if, at the time of the offence, the vehicle was in the possession of the operator without the consent of the owner or lessee of the vehicle, as the case may be, but the burden of proof of that shall be on the owner or lessee of the vehicle.

Permit holder deemed owner

(6) For the purposes of this section, the holder of a permit under Part II of the Highway Traffic Act shall be deemed to be the owner of the vehicle referred to in the permit if a number plate under that Part bearing a number that corresponds to the permit was displayed on the vehicle at the time the offence was committed.

Application of subs. (6)

(7) Subsection (6) does not apply if the number plate was displayed on the vehicle without the consent of the holder of the permit, but the burden of proof of that shall be on the holder of the permit. R.S.O. 1990, c. E.19, s. 181 (5-7).

Service on various entities of offence notice or summons

Municipal corporations

181.1 (1) Service of an offence notice or summons on a municipal corporation may be effected by delivering it personally to the mayor, warden, reeve or other chief officer of the municipal corporation or to the clerk of the municipal corporation.

Other corporations

(2) Service of an offence notice or summons on a corporation other than a municipal corporation may be effected by delivering it personally to the manager, secretary or other officer of the corporation or to a person apparently in charge of a branch office of the corporation.

Partnership

(3) Service of an offence notice or summons on a partnership may be effected by delivering it personally to a partner or to a person apparently in charge of an office of the partnership.

Sole proprietorship

(4) Service of an offence notice or summons on a sole proprietorship may be effected by delivering it personally to the sole proprietor or to a person apparently in charge of an office of the sole proprietorship.

Substituted service

(5) On application without notice, a justice, on being satisfied that service cannot be made effectively in accordance with subsections (1) to (4), may by order authorize another method of service that has a reasonable likelihood of coming to the attention of the municipal corporation, other corporation, partnership or sole proprietorship. 1998, c. 35, s. 33.

Service generally

182. (1) Any document given or served under this Act or the regulations is sufficiently given or served if it is,

(a) delivered personally;

(b) sent by mail addressed to the person to whom delivery or service is required to be made at the latest address for the person appearing on the records of the Ministry; or

(c) given or served in accordance with regulations respecting service.

When service deemed made

(2) Where service is made by mail, the service shall be deemed to be made on the fifth day after the day of mailing unless the person on whom service is being made establishes that the person did not, acting in good faith, through absence, accident, illness or other cause beyond the person’s control receive the notice or order until a later date. R.S.O. 1990, c. E.19, s. 182.

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by the Statutes of Ontario, 1998, chapter 35, section 34 by adding the following section:

Administrative penalties

182.1 (1) Where the Director is of the opinion that a person,

(a) has contravened a provision of this Act or the regulations;

(b) has failed to comply with an order under this Act, other than an order under section 150;

(c) has failed to comply with a term or condition of a certificate of approval, provisional certificate of approval or certificate of property use or of a licence or permit under this Act or failed to comply with the terms of a report under section 29; or

(d) who, being a director or officer of a corporation that engages in an activity that may result in the discharge of a contaminant into the natural environment contrary to this Act or the regulations, has failed to take all reasonable care to prevent the corporation from causing or permitting such unlawful discharge,

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (1) is amended by the Statutes of Ontario, 2000, chapter 22, subsection 1 (1) by adding “or” at the end of clause (b), by striking out “or” at the end of clause (c) and by repealing clause (d). See: 2000, c. 22, ss. 1 (1), 4 (2).

the Director may, subject to the regulations under subsection (12), issue a notice in writing requiring the person to pay an administrative penalty in the amount set out in the notice for each day or part of a day on which the contravention or failure occurred or continues. 1998, c. 35, s. 34; 2001, c. 17, s. 2 (47).

Limitation

(2) The Director shall not issue a notice in respect of a contravention or failure later than two years after the later of,

(a) the day the contravention or failure occurred; and

(b) the day on which the evidence of the contravention or failure first came to the attention of the Director or a provincial officer. 1998, c. 35, s. 34.

Amount of penalty, limited

(3) An administrative penalty in respect of a contravention or failure shall not exceed $5,000 for each day or part of a day on which the contravention or failure occurs or continues. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (3) is amended by the Statutes of Ontario, 2000, chapter 22, subsection 1 (2) by striking out “$5,000” and substituting “$10,000”. See: 2000, c. 22, ss. 1 (2), 4 (2).

Contents of notice

(4) A notice of an administrative penalty shall be served on the person who is required to pay the penalty and shall,

(a) contain a description of the contravention or failure to which the notice relates, including, where appropriate, the date and location of the contravention or failure;

(b) specify the amount of the penalty determined by the Director in accordance with the regulations under subsection (12);

(c) give particulars respecting the time for paying the penalty and the manner of payment; and

(d) provide information to the person as to the person’s right to require a hearing of the matter by the Board. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, clause (d) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board” and substituting “Tribunal”. See: 2000, c. 26, Sched. F, s. 12 (12).

Hearing may be required

(5) A person who is required by a notice to pay an administrative penalty may, within 15 days after service of the notice on the person, by a written notice served on the Director and the Board, require the Board to hold a hearing with respect to the matter to which the notice relates and, in such case, the requirement to pay is stayed until the disposition of the matter. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (5) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board” and substituting “Tribunal”. See: 2000, c. 26, Sched. F, s. 12 (12).

Board’s powers on hearing

(6) At a hearing by the Board of a matter to which a notice of an administrative penalty relates, the Board shall determine whether in the circumstances, the notice should be confirmed, rescinded or amended. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (6) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board” and substituting “Tribunal”. See: 2000, c. 26, Sched. F, s. 12 (12).

Same

(7) The Board shall not vary the amount of the penalty unless the Board considers the amount to be unreasonable. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (7) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board” and substituting “Tribunal”. See: 2000, c. 26, Sched. F, s. 12 (12).

Same

(8) For greater certainty, the regulations made under subsection (12) apply to the Board’s decisions under subsections (6) and (7). 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (8) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board’s” and substituting “Tribunal’s”. See: 2000, c. 26, Sched. F, s. 12 (12).

No offence to be charged if penalty is paid

(9) Where a person who is required by a notice by the Director or after a decision of the Board to pay an administrative penalty in respect of a contravention or failure pays the amount of the penalty in accordance with the notice or decision, the person shall not be charged with an offence in respect of the contravention or failure. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (9) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board” and substituting “Tribunal”. See: 2000, c. 26, Sched. F, s. 12 (12).

Failure to pay when required

(10) Where a person who is required to pay an administrative penalty in accordance with a notice by the Director fails to comply with the requirement and no hearing provided for under this section is pending in the matter or, after such hearing, fails to pay an administrative penalty in accordance with a decision of the Board,

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (10) is amended by the Statutes of Ontario, 2000, chapter 26, Schedule F, subsection 12 (12) by striking out “Board” and substituting “Tribunal”. See: 2000, c. 26, Sched. F, s. 12 (12).

(a) the notice or decision may be filed with a local registrar of the Ontario Court (General Division) and the notice or decision may be enforced as if it were an order of the court;

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, clause (a) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (13) by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 2001, c. 9, Sched. G, ss. 5 (13), 8 (3).

(b) the Director may by order suspend any certificate of approval, provisional certificate of approval, licence or permit that has been issued to the person under this Act until the administrative penalty is paid; and

(c) the Director may refuse to issue any certificate of approval, provisional certificate of approval, licence or permit to the person under this Act until the administrative penalty is paid. 1998, c. 35, s. 34.

Same

(11) Section 129 of the Courts of Justice Act applies in respect of a notice or decision filed with the Ontario Court (General Division) under subsection (10) and, for the purpose, the date on which the notice or decision is filed shall be deemed to be the date of the order. 1998, c. 35, s. 34.

Note: On the day section 34 of the Environmental Statute Law Amendment Act, 1998 comes into force, subsection (11) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (14) by striking out “Ontario Court (General Division)” and substituting “Superior Court of Justice”. See: 2001, c. 9, Sched. G, ss. 5 (14), 8 (3).

Regulations

(12) The Lieutenant Governor in Council may make regulations,

(a) specifying the form and content of notices of administrative penalties;

(b) specifying the types of contraventions or failures in respect of which a notice may not be issued under this section and the circumstances when the Director shall not issue a notice under this section;

(c) governing the determination of the amounts of administrative penalties, including the criteria to be considered and including providing for different amounts depending on when an administrative penalty is paid;

(d) respecting any other matter necessary for the administration of a system of administrative penalties provided for by this section. 1998, c. 35, s. 34.

General or particular

(13) A regulation under subsection (12) may be general or particular in its application. 1998, c. 35, s. 34.

Application

(14) This section does not apply to contraventions or failures that occurred before this section came into force. 1998, c. 35, s. 34.

See: 1998, c. 35, ss. 34, 104.

Power to restrain

By action

183. (1) Where this Act or the regulations or any direction, order, certificate of property use, approval, notice or permit, made, granted, given, served or issued by the Minister, the Director or a provincial officer under this Act is contravened, in addition to any other remedy and to any penalty imposed by law, such contravention may be restrained by action at the instance of the Minister. R.S.O. 1990, c. E.19, s. 183 (1); 2001, c. 17, s. 2 (48).

By order upon conviction

(2) On its own initiative or on application by counsel for the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other remedy and to any other penalty imposed by law, may make an order prohibiting the continuation or repetition by the person of the act or omission for which the person is convicted. R.S.O. 1990, c. E.19, s. 183 (2).

Compliance with investigations, etc.

Obstruction

184. (1) No person shall hinder or obstruct any provincial officer or any employee or agent of the Ministry in the performance of his or her duties under this Act. 1998, c. 35, s. 35.

False information

(2) No person shall orally, in writing or electronically, give or submit false or misleading information in any statement, document or data, to any provincial officer, the Minister, the Ministry, any employee or agent of the Ministry or any person involved in carrying out a program of the Ministry in respect of any matter related to this Act or the regulations. 1998, c. 35, s. 35; 2001, c. 9, Sched. G, s. 5 (15).

Same

(3) No person shall include false or misleading information in any document or data required to be created, stored or submitted under this Act. 1998, c. 35, s. 35.

Refusal to furnish information

(4) No person shall refuse to furnish any provincial officer, the Minister, the Ministry or any employee or agent of the Ministry with information required for the purposes of this Act and the regulations. 1998, c. 35, s. 35.

Presiding judge

185. The counsel or agent acting on behalf of the Crown, by notice to the clerk of the Ontario Court of Justice, may require that a provincial judge preside over a proceeding in respect of an offence under this Act. R.S.O. 1990, c. E.19, s. 185; 2001, c. 9, Sched. G, s. 5 (16).

Offences

General

186. (1) Every person who contravenes this Act or the regulations is guilty of an offence. R.S.O. 1990, c. E.19, s. 186 (1).

Offence re order

(2) Every person who fails to comply with an order under this Act, other than an order under section 150, is guilty of an offence. R.S.O. 1990, c. E.19, s. 186 (2).

Offence re approval, licence or permit, etc.

(3) Every person who fails to comply with a term or condition of a certificate of approval, provisional certificate of approval or certificate of property use or of a licence or permit under this Act or who fails to comply with the terms of a report under section 29 is guilty of an offence. R.S.O. 1990, c. E.19, s. 186 (3); 2001, c. 17, s. 2 (49).

Offence re fees

(3.1) Every person who fails to pay a fee that the person is required to pay under section 179.1 is guilty of an offence. 2001, c. 9, Sched. G, s. 5 (17).

Exception when order or program approval complied with

(4) Despite subsections (1), (2) and (3), a person to whom an order of the Minister, the Director or a provincial officer or a program approval of the Director is directed who complies fully with the order or approval shall not be prosecuted for or convicted of an offence in respect of the matter or matters dealt with in the order or approval that occurs during the period within which the order or program approval is applicable. 1998, c. 35, s. 36.

Same

(5) The protection from prosecution under subsection (4) does not include protection from the imposition of an administrative penalty under section 182.1. 1998, c. 35, s. 36.

(6) Repealed: 1998, c. 35, s. 36.

Penalties

Individuals

187. (1) Every individual convicted of an offence under subsection 186 (1) or (3.1) or section 194 is liable,

(a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $20,000; and

(b) on each subsequent conviction,

(i) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000,

(ii) to imprisonment for a term of not more than one year, or

(iii) to both such fine and imprisonment. 1998, c. 35, s. 37; 2001, c. 9, Sched. G, s. 5 (18).

Corporations

(2) Every corporation convicted of an offence under subsection 186 (1) is liable,

(a) on a first conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $100,000; and

(b) on each subsequent conviction, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $200,000. 1998, c. 35, s. 37.

Application of subss. (4) and (5)

(3) Subsections (4) and (5) apply to the following offences:

1. An offence under subsection 186 (1) or 194 (2) that posed, poses or may pose a risk of an adverse effect.

2. An offence under subsection 186 (2), other than an offence of failing to comply with an order under section 8.

3. An offence of contravening section 184.

4. An offence under subsection 186 (3). 1998, c. 35, s. 37; 2000, c. 22, s. 1 (3).

Certain offences: corporations

(4) Every corporation convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in subsection (2), for each day or part of a day on which the offence occurs or continues, to a fine of not more than $250,000 on a first conviction and not more than $500,000 on each subsequent conviction. 1998, c. 35, s. 37.

Certain offences: individuals

(5) Every individual convicted of an offence described in subsection (3) is liable, in substitution for any penalty provided in subsection (1),

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $50,000 on a first conviction and not more than $100,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than one year; or

(c) to both such fine and imprisonment. 1998, c. 35, s. 37.

Application of subss. (7) and (8)

(6) Subsections (7) and (8) apply to the following offences:

1. An offence under subsection 186 (1) or 194 (2) that results in an adverse effect.

2. An offence under this Act in respect of hauled liquid industrial waste or hazardous waste as designated in the regulations relating to Part V of this Act, if the offence may result in an adverse effect.

3. An offence of failing to comply with an order under section 8. 1998, c. 35, s. 37; 2000, c. 22, s. 1 (4).

Other offences: corporations

(7) Where a corporation is convicted of an offence described in subsection (6), the corporation is liable, in substitution for any penalty elsewhere provided for the offence, for each day or part of a day on which the offence occurs or continues, to a fine of not more than $6,000,000 on a first conviction and not more than $10,000,000 on each subsequent conviction. 1998, c. 35, s. 37; 2000, c. 22, s. 1 (5).

Other offences: individuals

(8) Where an individual is convicted of an offence described in subsection (6), the individual is liable, in substitution for any penalty elsewhere provided for the offence,

(a) for each day or part of a day on which the offence occurs or continues, to a fine of not more than $4,000,000 on a first conviction and not more than $6,000,000 on each subsequent conviction;

(b) to imprisonment for a term of not more than five years less one day; or

(c) to both such fine and imprisonment. 1998, c. 35, s. 37; 2000, c. 22, s. 1 (6).

Subsequent conviction

188. For the purposes of determining the penalty to which a person is liable under section 187, a conviction of the person for an offence under this Act is a subsequent conviction if the person has previously been convicted of an offence under,

(a) this Act, other than for an offence related to Part IX;

(a.1) the Nutrient Management Act, 2002;

(b) the Ontario Water Resources Act; or

(c) the Pesticides Act. 1998, c. 35, s. 38; 2002, c. 4, s. 62 (6).

Penalty re monetary benefit

189. The court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may increase a fine imposed upon the person by an amount equal to the amount of the monetary benefit acquired by or that accrued to the person as a result of the commission of the offence, despite any maximum fine elsewhere provided. R.S.O. 1990, c. E.19, s. 189.

Order to prevent damage, etc.

190. (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may order the person,

(a) to take such action, including but not limited to providing an alternate water supply, as the court directs within the time specified in the order to prevent, eliminate or ameliorate damage that results from or is in any way connected to the commission of the offence;

(b) where the offence is in relation to a waste management system or waste disposal site, to take such action as is required to bring the system or site into conformity with Part V or the regulations within the time specified in the order; and

(c) to comply with any order that the Director has issued to the person in relation to damage that results from or is in any way connected to the commission of the offence. 1998, c. 35, s. 39 (1).

Other conditions

(2) An order under subsection (1) may contain such other conditions relating to the circumstances of the offence and of the person that contributed to the commission of the offence as the court considers appropriate to prevent similar unlawful conduct or to contribute to rehabilitation. R.S.O. 1990, c. E.19, s. 190 (2).

Variation of order

(3) The court that made an order under subsection (1) may, at any time on its own initiative or on application by counsel for the prosecutor or upon the application of the person convicted or counsel or agent for the person convicted, with notice to the other party, after a hearing or, with the consent of the parties, without a hearing, make any changes in or additions to the conditions prescribed in the order that in the opinion of the court are rendered desirable by a change in circumstances. R.S.O. 1990, c. E.19, s. 190 (3).

Conflict

(4) Nothing in subsection (1) authorizes the making of an order that conflicts with an order previously made under this Act by the Minister or the Director, but an order may be made under subsection (1) supplementing the provisions of an order in respect of the prevention, decrease or elimination of harm to the natural environment and the restoration of the natural environment. R.S.O. 1990, c. E.19, s. 190 (4).

(5) Repealed: 1998, c. 35, s. 39 (2).

Continuation in force

(6) Where a person bound by an order under subsection (1) is imprisoned, the order continues in force except in so far as the imprisonment renders it impossible for the person to comply for the time being with the order. R.S.O. 1990, c. E.19, s. 190 (6).

Restitution orders

190.1 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may make an order for restitution against the person convicted of the offence, requiring the person to pay another person for reasonable expenses actually incurred by the other person on account of damage to property in which the other person has an interest that results from or is in any way connected to the commission of the offence, in such amount and on such terms and conditions as the court considers just. 1998, c. 35, s. 40.

Expenses incurred, interpretation

(2) For the purposes of subsection (1), expenses are incurred on account of damage to property if they are incurred,

(a) to prevent, eliminate or ameliorate the damage;

(b) to replace the property that suffered the damage; or

(c) to restore the property to the state that it was in before the damage. 1998, c. 35, s. 40.

Same

(3) For greater certainty, for the purposes of clause (2) (a), expenses incurred to provide an alternate water supply may be expenses incurred to prevent, eliminate or ameliorate damage. 1998, c. 35, s. 40.

Amount of order

(4) The amount of the order for restitution shall not exceed the replacement value of the property as of the date the order is issued. 1998, c. 35, s. 40.

No restitution to person who committed offence

(5) The court shall not make an order for restitution in favour of any person on account of damage that is the result of,

(a) the commission of an offence by the person; or

(b) a contravention or failure in respect of which a notice under section 182.1 has been served on the person requiring the person to pay an administrative penalty, unless the requirement to pay the administrative penalty has been rescinded. 1998, c. 35, s. 40.

Notification of order

(6) Where a court makes an order for restitution, it shall cause a copy of the order or a notice of the content of the order to be given to the person to whom the restitution is ordered to be paid. 1998, c. 35, s. 40.

Filing of order in court

(7) An order for restitution may be filed with a local registrar of the Superior Court of Justice and the responsibility for filing shall be on the person to whom the restitution is ordered to be paid. 1998, c. 35, s. 40; 2001, c. 9, Sched. G, s. 5 (21).

Enforcement of order

(8) An order for restitution filed under subsection (7) may be enforced as if it were an order of the court. 1998, c. 35, s. 40.

Same

(9) Section 129 of the Courts of Justice Act applies in respect of an order for restitution filed under subsection (7) and, for the purpose, the date of filing shall be deemed to be the date of the order. 1998, c. 35, s. 40.

Civil remedy

(10) A civil remedy for an act or omission is not affected by reason only that an order for restitution under this section has been made in respect of that act or omission. 1998, c. 35, s. 40.

Forfeiture on conviction

190.2 (1) On its own initiative or on the request of the prosecutor, the court that convicts a person of an offence under this Act, in addition to any other penalty imposed by the court, may, if conviction is in relation to an offence in connection with which a thing has been seized under section 160 or 161 or under a warrant issued under the Provincial Offences Act, order that the thing be forfeited to the Crown. 1998, c. 35, s. 40.

Same

(2) The court shall not make an order under subsection (1) unless the court is satisfied that,

(a) the seizure of the thing was lawful; and

(b) no later than seven days before the hearing of the request, written notice was provided by a provincial officer,

(i) to every person whom the provincial officer knows or has reason to believe is an owner of the thing seized,

(ii) to every person who has a security interest in the thing that is perfected by registration under the Personal Property Security Act against the name of any person whom the provincial officer knows or has reason to believe is the owner,

(iii) where the thing seized is a vehicle, to every person who has a security interest in the vehicle that is perfected by registration under the Personal Property Security Act against the vehicle identification number of the vehicle, and

(iv) where the thing seized is a vehicle and the vehicle is registered under the Highway Traffic Act, to the registered owner. 1998, c. 35, s. 40.

Contents of notice

(3) Notice under subsection (2) shall include,

(a) a description of the thing seized sufficient to enable it to be identified;

(b) the location at which the thing was seized;

(c) the date of the seizure;

(d) the name and telephone number of the provincial officer who seized the thing or of his or her delegate;

(e) a statement of the reason for the seizure;

(f) a reference to the statutory provision authorizing the seizure;

(g) a statement that an order for forfeiture of the thing is being sought under this section; and

(h) a statement that the person to whom the notice is provided may make submissions to the court with respect to the issuance of an order under this section. 1998, c. 35, s. 40.

Disposition of things forfeited

(4) A thing forfeited under this section may be disposed of as the Director directs. 1998, c. 35, s. 40.

Relief against forfeiture

(5) A person who had an interest in a thing forfeited under this section may apply to the Superior Court of Justice for relief against the forfeiture and the court may make an order providing for any relief that it considers appropriate, including, but not limited to, one or more of the following orders:

1. An order directing that the thing or any part of the thing be returned to the applicant.

2. An order directing that any interest in the thing be vested in the applicant.

3. An order directing that an amount be paid by the Crown to the applicant by way of compensation for the forfeiture. 1998, c. 35, s. 40; 2001, c. 9, Sched. G, s. 5 (21).

When relief not to be ordered

(6) The court shall not make an order for relief under subsection (5) in respect of a thing forfeited where the person applying for the relief,

(a) has been served with a notice under section 182.1 requiring the person to pay an administrative penalty in connection with a matter that was associated with the seizure of the thing, unless the requirement to pay the administrative penalty is rescinded under section 182.1; or

(b) has been charged with an offence that was associated with the seizure of the thing, unless the charge has been withdrawn or dismissed. 1998, c. 35, s. 40.

Where fine not paid

190.3 (1) Where a person is convicted of an offence under this Act and a fine is imposed,

(a) a thing seized in connection with the offence and not forfeited to the Crown under section 162.1, 162.3 or 190.2 shall not be returned until the fine has been paid; and

(b) if payment of the fine is in default within the meaning of section 69 of the Provincial Offences Act, a justice may order that the thing be forfeited to the Crown.

Application of subss. 190.2 (2) to (6)

(2) Subsections 190.2 (2) to (6) apply with necessary modifications in relation to an order under clause (1) (b). 1998, c. 35, s. 40.

Costs of seizure, etc.

190.4 If a person is convicted of an offence under this Act, the justice may, in addition to any other penalty, order the person to pay all or part of the expenses incurred by the Ministry with respect to the seizure, storage or disposition of any thing seized in connection with the offence. 1998, c. 35, s. 40.

Suspension for default in payment of fine

191. (1) Where a person is in default of payment of a fine imposed upon conviction for an offence against this Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act or the regulations made under any of them, on the application of the Director, an order may be made under subsection 69 (2) of the Provincial Offences Act directing that,

(a) one or more of the person’s licences be suspended; and

(b) no licence be issued to the person,

until the fine is paid. R.S.O. 1990, c. E.19, s. 191 (1); 2002, c. 4, s. 62 (7).

Duty of Director

(2) The Director shall,

(a) on being informed of an outstanding order referred to in subsection (1), suspend the person’s licence, if it is not already suspended under another order referred to in subsection (1); and

(b) on being informed that the fine and any applicable prescribed administrative fee for the reinstatement of the licence are paid, reinstate the licence, unless the Director has been informed that,

Note: On a day to be named by proclamation of the Lieutenant Governor, clause (b) is amended by the Statutes of Ontario, 2001, chapter 9, Schedule G, subsection 5 (19) by striking out “any applicable prescribed administrative fee” and substituting “any applicable administrative fee”. See: 2001, c. 9, Sched. G, ss. 5 (19), 8 (2).

(i) there is another outstanding order referred to in subsection (1) directing that the licence be suspended, or

(ii) the licence is suspended under any other order or under another statute. R.S.O. 1990, c. E.19, s. 191 (2).

Regulations

(3) The Lieutenant Governor in Council may make regulations prescribing forms and procedures and respecting any matter considered necessary or advisable to carry out effectively the intent and purpose of this section. R.S.O. 1990, c. E.19, s. 191 (3).

Definition

(4) In this section,

“licence” means a certificate of approval or provisional certificate of approval or a licence issued under this Act. 1998, c. 35, s. 41.

Act of officer, etc.

192. For the purposes of this Act and the regulations, an act or thing done or omitted to be done by an officer, official, employee or agent of a corporation in the course of his or her employment or in the exercise of his or her powers or the performance of his or her duties shall be deemed to be also an act or thing done or omitted to be done by the corporation. R.S.O. 1990, c. E.19, s. 192.

193. Repealed: 1998, c. 35, s. 42.

Duty of director or officer

194. (1) Every director or officer of a corporation that engages in an activity that may result in the discharge of a contaminant into the natural environment contrary to this Act or the regulations has a duty to take all reasonable care to prevent the corporation from causing or permitting such unlawful discharge.

Offence

(2) Every person who has a duty under subsection (1) and who fails to carry out that duty is guilty of an offence.

Liability to conviction

(3) A director or officer of a corporation is liable to conviction under this section whether or not the corporation has been prosecuted or convicted. R.S.O. 1990, c. E.19, s. 194.

Limitation on proceedings

195. (1) Proceedings for an offence under this Act or the regulations shall not be commenced later than two years after the later of,

(a) the day on which the offence was committed; and

(b) the day on which evidence of the offence first came to the attention of a person appointed under section 5.

Idem

(2) Clause (1) (b) does not apply in respect of offences committed before the 28th day of June, 1988. R.S.O. 1990, c. E.19, s. 195.

Orders, consequential authority

196. (1) The authority to make an order under this Act includes the authority to require the person or body to whom the order is directed to take such intermediate action or such procedural steps or both as are related to the action required or prohibited by the order and as are specified in the order.

Same, authority to order access

(2) A person who has authority under this Act to order that a thing be done on or in any place also has authority to order any person who owns, occupies or has the charge, management or control of the place to permit access to the place for the purpose of doing the thing.

Application

(3) Subsection (1) applies in respect of every order made under this Act whether or not the order was made before the 1st day of January, 1984. R.S.O. 1990, c. E.19, s. 196.

Administrative changes to certificates of approval, etc.

196.1 The Director may revoke a certificate of approval or provisional certificate of approval, alter the terms and conditions of a certificate of approval or provisional certificate of approval, or make an order revoking or amending a program approval or order issued by the Director under this Act if the Director is satisfied that the revocation, alteration or amendment is in the public interest and is desirable for administrative reasons to,

(a) reflect changes that have occurred with respect to the identity or description of any person or place; or

(b) eliminate provisions that are spent or obsolete. 2001, c. 9, Sched. G, s. 5 (20).

Disclosure of orders and decisions

197. (1) A person who has authority under this Act to make an order or decision affecting real property also has authority to make an order requiring any person with an interest in the property, before dealing with the property in any way, to give a copy of the order or decision affecting the property to every person who will acquire an interest in the property as a result of the dealing. 2001, c. 17, s. 2 (50).

Registration of requirement

(2) A certificate setting out a requirement imposed under subsection (1) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the property. 2001, c. 17, s. 2 (50).

Same

(3) A requirement imposed under subsection (1) that is set out in a certificate registered under subsection (2) is, from the time of registration, deemed to be directed to each person who subsequently acquires an interest in the real property. 2001, c. 17, s. 2 (50).

Dealings voidable

(4) A dealing with real property by a person who is subject to a requirement imposed under subsection (1) or (3) is voidable at the instance of a person who was not given the copy of the order or decision in accordance with the requirement. 2001, c. 17, s. 2 (50).

Registration of withdrawal of requirement

(5) A certificate of withdrawal of a requirement imposed under subsection (1) or (3) may be registered in the proper land registry office on the title of the real property to which the requirement relates, if the certificate is in a form approved by the Minister, is signed or authorized by a person who has authority to make orders imposing requirements under subsection (1) and is accompanied by a registrable description of the property. 2001, c. 17, s. 2 (50).

Same

(6) On the registration under the Registry Act of a certificate of withdrawal of a requirement in accordance with subsection (5), the land registrar may delete the entries in the abstract index of the certificate setting out the requirement and the certificate of withdrawal of the requirement. 2001, c. 17, s. 2 (50).

Same

(7) Registration of a certificate of withdrawal of a requirement in accordance with subsection (5) has the effect of revoking the requirement. 2001, c. 17, s. 2 (50).

Transition

(8) This section, as it read immediately before the day subsection 2 (50) of the Brownfields Statute Law Amendment Act, 2001 came into force, continues to apply in respect of prohibitions issued under this section before that day. 2001, c. 17, s. 2 (50).

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